Filing a Plaint / Firad Patra
The first step in launching a lawsuit is to submit a complaint. A plaint is a formal complaint or claim made in writing. The person who files it is referred to as the “plaintiff,” whereas the party against whom it is filed is referred to as the “defendant.” Firadpatra, there are numerous issues that must be addressed in the complaint.
A plaint comprises the court’s name, as well as the names and addresses of the disputing parties. The plaint explicitly states the defendant’s name, residence, and all other pertinent information, including a phone number.
The plaint includes all of the details, making it easier to serve the summons on the defendant.
Problem Framing
The next stage in a civil proceeding is issue framing. The court establishes the issues on which arguments and witness examination take place.
Issues are defined with the disagreement in mind, and the parties are not allowed to go beyond the limits of “Issues.”
Serve Notice to the Defendant
The defendant will receive a notice from the court alerting them of the lawsuit brought against them.
Proper notice service is critical for the case to move forward.
Response by the Defendant
The defendant will submit a written statement or respond to the complaint within the timeframe specified.
Pretrial proceedings
If applicable, the court may hold preliminary hearings, attempt to encourage settlement, or order parties to arbitrate or mediate.
Trial & Hearing
Both parties present their facts and arguments in court.
Witnesses may be cross-examined.
Judgement
After evaluating all evidence and legal arguments, the court renders a decision.
The court’s ruling is binding on both parties.
Gather supporting documents.
Collect all necessary proof and papers to support your claim, including contracts, receipts, property documents, communications, and so on.
Pay the court fee.
Pay the prescribed court charge based on the value of the claim or as specified in the court fee schedule.
File the Complaint.
Submit the draughted plaint and supporting papers to the Registry of the appropriate District Court.
Make sure that all documents are filled out accurately and that the plaintiff or their authorised representative signs the complaint.
Obtain the acknowledgement and case number.
Upon the filing, the court will register the lawsuit and assign it a case number.
Appeal, if required.
If either party is dissatisfied with the decision, they can file an appeal to a higher court within the deadline specified.
Important tips:
To successfully prepare your case, you need speak with a civil lawyer.
Ensure that all documents are authentic and appropriately organised.
Be aware of any applicable deadlines and procedural procedures.
This approach ensures that your civil case is handled formally and lawfully by the Nepalese judicial system.
Filing a Civil Case in Nepal: Step-by-Step Guide
Understanding the process of filing a civil case in Nepal is essential for individuals seeking legal remedy for civil disputes. Civil cases often involve non-criminal concerns such as property disputes, contractual disagreements, family matters, and so on. Here’s a general overview of the procedure:
Identify the Appropriate Court
Select the appropriate court where the case should be filed.Civil procedures are normally filed in the District Court of the jurisdiction where the defendant resides or where the cause of action originated.
Draft the Plaint (Complaint)
Prepare a written document called the Plaint or Complaint. This document should include:
Plaintiff and defendant’s names and addresses
Details of the dispute
The facts and circumstances leading to the case
The legal grounds for the claim
The relief or compensation sought
Gather Supporting Documents
Collect all relevant evidence and documents that support your claim, such as contracts, receipts, property documents, correspondence, etc.
Pay the Court Fee
- Pay the prescribed court fee based on the value of the claim or as mandated by the court fee schedule.
- File the Complaint
- Submit the drafted plaint along with supporting documents to the Registry of the appropriate District Court.
- Ensure that all forms are filled correctly and that the complaint is signed by the plaintiff or their authorized representative.
- Obtain Acknowledgment and Case Number
- Following the filing, the court will register the case and assign a case number.. You will be sent an acknowledgement or receipt for filing.
- Provide notice to the defendant.
- The court has to notify the defendant that a complaint has been filed against them.
- The appropriate service of notice is important to the case’s development.
Response from the Defendant
- The defendant will file their written statement or reply to the complaint within the stipulated time.
- Pre-trial Proceedings
- The court may conduct preliminary hearings, attempt to facilitate settlement, or direct parties to arbitration or mediation if applicable.
- Trial and Hearing
- Both sides offer evidence and arguments before the court.
- Witnesses may be examined and cross-examined.
- JudgmentAfter evaluating all evidence and legal arguments, the court renders a decision.
- The court’s decision is binding on both parties.
- Appeal (if necessary)
- If either party is dissatisfied with the decision, they may seek an appeal with a higher court within the time allowed.
Understanding Key Aspects of Civil Litigation in Nepal
When filing a civil case in Nepal, several procedural and legal considerations come into play. some crucial factors to consider:
The court may identify key factual or legal concerns in the case.
Issues of fact relate to factual disputes, such as ownership, existence of a contract, or specific events.
Issues of law involve questions about legal principles or interpretations.
The court will consider each issue separately and issue judgments on each when delivering its final order.
Presenting Case Facts Clearly
The facts of the case must be explicitly stated in the plaint.
The precise facts vary depending on the nature of the issue.
Land Dispute: Clearly mention the extent of the disputed land, boundaries, and ownership details.
Divorce Case: Clearly state when the marriage occurred, details about children, and the grounds for divorce.
Precise and detailed facts help the court understand the case and make informed judgments.
Court’s Jurisdiction
- When filing a case, it is crucial to choose the correct district.
- The case should generally be filed in:
- The district where the disputed property is located.
- The district where the defendant resides.
- Alternatively, the lawsuit can be filed in the district of the defendant’s temporary residence, provided:
- A recommendation from the ward office of that temporary residence is obtained.
- Proper jurisdiction ensures the case is heard in the appropriate court and avoids procedural dismissals.
Understanding the Defendant’s Reply and Preliminary Hearing in Civil Cases in Nepal
Defendant’s Response (Written Statement)
Receiving Notice:
Once the defendant receives the notice of the lawsuit, they are required to appear before the court on the date specified.
Filing Written Statement:
Before appearing in court, the defendant must submit a written statement (also called the defense), which responds to the plaintiff’s allegations.
Time Frame for Filing:
- The written statement must generally be filed within 21 days of the date the notice was served.
- The court may specify a different period.
- With the court’s permission, the defendant can seek an extension, and the maximum period for filing the written statement is 36 days.
- Content of the Written Statement:
- The defendant must explicitly deny any allegations they believe are incorrect or false.
- If an allegation is not expressly denied, it is considered admitted by default.
- The written statement must include a verification clause, affirming that the information provided is true and correct to the best of the defendant’s knowledge
.
Preliminary Hearing
Purpose and Requirements:
Under the Civil Code 2017, a preliminary hearing is conducted to assess whether the case should proceed.
The court examines critical issues such as jurisdiction, limitation period, and locus standi (the right to sue).
Outcome of Preliminary Hearing:
- If the court finds that:
- The court does not have jurisdiction, or
- The limitation period has expired, or
- The petitioner lacks standing to sue,
- The case is usually dismissed at this stage.
- This process ensures that only valid cases proceed to full trial, saving judicial resources and protecting defendants from frivolous or improperly filed suits.
Should you have any questions please do not hesitate to contact us at +977-9847691209
Ms. Advocate Alpana Bhandari is the CEO of Divorce Lawyer Nepal. She focuses her practice on all elements of family law, including divorce, custody, and property division. She advises prospective clients on, among other things, foreign direct investment (FDI), planned investments, joint ventures, and corporate and individual legal counsel on business establishment, business purchase, sales, contract review, contract drafting, share transfer, and company agreements.