Legal Drafting · Chapter 2
Study notes aligned to the official NEB syllabus.
The plaint (फिरादपत्र) is the document that starts a civil case. The plaintiff is the person who files it. Under the National Civil Procedure Code 2074 (2017) the civil case begins the moment the plaint is registered. So a plaint is not just a letter of complaint. It is the carefully written opening of a lawsuit. Everything that follows in the case is built on it.
A plaint must show certain essential matters. It must give the name, address and age of the plaintiff and the defendant. It must state the facts of the claim in a clear, numbered order. It must state the cause of action and the date on which it arose. The cause of action is the event that gave the plaintiff the right to sue. The plaint must also state the relief or claim sought and its value (दाबी रकम). It must state why this court has the power to hear the case. This power is called jurisdiction. It must show that the case is filed within the time limit (हदम्याद) fixed for that kind of claim. It ends with the plaintiff's oath that the contents are true, the signature and the date.
A short example shows why completeness matters. Suppose Rambahadur of Kathmandu lent Rs. 2,00,000 to Haribahadur. Haribahadur has not repaid it within the agreed time. To get his money back, Rambahadur must file a plaint. The plaint must state who the parties are. It must state that the loan was made and when. It must state that the time to repay has passed. It must claim Rs. 2,00,000 with interest. It must say that the district court has jurisdiction. It must show that the suit is within the time limit for a money claim. Suppose he leaves out the date of the cause of action. Or the value of the claim. Or he files it after the time limit has run. Then the plaint can be rejected. His right is real. But it may be lost because of a drafting defect.
The written response (प्रतिउत्तरपत्र) is the defendant's reply to the plaint. It is also called the statement of defence. Once the defendant is summoned, he must file it within the time the law allows. In it he answers the plaintiff's claim point by point. He admits the facts that are true. He denies the facts that are disputed. He then gives his own version, with the facts he relies on. He may also raise a legal objection. For example, that the claim is time-barred (हदम्याद नाघेको). Or that the court has no jurisdiction. Or that the plaint is defective. Like the plaint, it names the parties. It follows a numbered, orderly sequence. It lists the evidence relied on. It closes with the oath, the signature and the date.
Take the loan case as an example. Suppose Haribahadur admits taking the money. But he says he has already repaid Rs. 1,00,000. And he says the rest is not yet due. His rejoinder must then admit the loan. It must deny the full claim. It must plead the part-payment. And it must point to the receipt he holds as evidence. A clear rejoinder like this shows exactly what is in dispute. Here, only the unpaid balance is in dispute. That is precisely what the court will later frame as an issue and decide.
The First Information Report (जाहेरी दरखास्त) is the written complaint that first reports a crime. It is normally filed at the Police Office (प्रहरी कार्यालय) of the place where the offence happened. Under the National Criminal Procedure Code 2074 it is the document that starts the criminal process. It is the earliest official record of the crime. The police begin their investigation on the basis of it.
The FIR should state who the complainant (जाहेरवाला) is. It should name the accused, if known. It should set out the facts of the offence. These are the date, time and place. It should say what happened and how. It should say who was involved. It should name any witnesses. It should state the loss or injury caused. It records the complainant's request that the matter be investigated and the offender dealt with according to law. It ends with the oath, the signature and the date.
Here is an example. Suppose a thief breaks into Rambahadur's house at night. He takes cash and ornaments. Rambahadur's FIR to the local police office triggers the investigation. It names the suspected person, if he knows him. It fixes the night of the theft. It lists the stolen articles. Suppose instead the FIR is vague about the time or the articles. Then the investigation starts on a weak footing. This shows why the first record must be accurate and complete.
The charge sheet (अभियोगपत्र) is the document that files a criminal case in court. The government files it through the public prosecutor (सरकारी वकिल), after the police investigation. With its registration the court's criminal case formally begins. The charge sheet must mention the name and details of the accused. It must give a clear statement of the offence, with its date, time and place. It must set out the facts and evidence collected in the investigation. It must name the specific law and offence charged, under the Muluki Penal Code 2074 or the relevant Act. It must state the punishment or relief demanded. It is drafted with great care. A defect can let a guilty person escape. Or it can wrongly burden an innocent one.
Here is an example. The police investigate the theft reported by Rambahadur. The prosecutor then files a charge sheet. It names the accused. It describes the burglary. It lists the recovered articles and the witnesses. It charges the offence of theft. It demands the punishment the law provides. The charge sheet frames exactly what the accused must answer at trial.
A power of attorney (वारेसनामा) is a document that lets one person act for another. The person who gives the power is the principal. The person who receives it is the attorney (वारेस). The attorney can then act on the principal's behalf. For example, he can appear in court, conduct a case, or carry out a transaction. This is useful because the principal may be unable to attend in person. The reason may be distance, illness, absence abroad or some other cause. The attorney can then lawfully act in his place.
There are two main kinds. A general power of attorney (साधारण वारेसनामा) allows a range of ordinary acts. An authorised or special power of attorney (अधिकृत वारेसनामा) is given for one particular act or case. The authorised power is often required to be certified by the competent authority. The document must clearly name both parties. It must state exactly which powers are given, and for what matter or period. It must be signed before witnesses. Where the law requires it, it must be attested.
Here is an example. Suppose Rambahadur is working abroad while his lending case is pending. He can make a power of attorney in favour of his brother Haribahadur. This lets Haribahadur appear, argue and take dates in the case. So the case is not lost because of his absence.
A consent letter (मन्जुरीनामा or स्वीकृतिपत्र) records that a person agrees to a particular act. It shows he has no objection to it. The act may be another person's dealing with property. Or it may be the conduct of a case. In litigation the related document is the compromise (मिलापत्र). By a compromise the parties settle a pending case on agreed terms. They file it in court. The court then disposes of the case according to the settlement.
Here is an example. Two brothers quarrel over a strip of land. They may agree that one keeps the land and pays the other its value. They record this as a मिलापत्र and file it. This ends the case at once. Compromise is encouraged. It settles disputes quickly and cheaply. It settles them by the parties' own agreement. It reduces the burden on courts. It is closely linked to mediation (मेलमिलाप). In mediation a neutral third person helps the parties reach that settlement.
A judgment (फैसला) is the court's reasoned decision on a case. A judgment draft records the names of the parties. It gives a summary of the claim and defence. It states the issues framed. It states the evidence and the findings. It gives the reasoning. It states the final order with its legal basis.
Once a judgment is given, a party who is not satisfied may file an appeal (पुनरावेदन). The appeal goes to the higher court, within the time limit. It asks the higher court to re-examine and correct the decision. So an appeal is a challenge to a judgment. The judgment is the decision itself. Here is an example. Suppose the district court dismisses Rambahadur's loan claim. He believes it wrongly ignored his evidence. He may then appeal to the High Court.
Sometimes a decision is not obeyed by the losing side. Then the winning party files an application for execution of the decision (फैसला कार्यान्वयन निवेदन). He files it before the court or its execution body. In this way the paper judgment becomes a real remedy.
A writ petition (रिट निवेदन) is filed in the Supreme Court or a High Court. It is filed under the writ jurisdiction recognised by the Constitution of Nepal 2015. This jurisdiction covers the right to constitutional remedy and the courts' extraordinary power. The petition is used to enforce a fundamental right. It is also used to correct an illegal act or order of a public body. It is used only where no other adequate remedy exists.
Here is an example. Suppose a public office refuses to perform a clear legal duty towards a citizen. And no ordinary remedy is available. The citizen may then seek a writ directing the office to act. Within ordinary proceedings there is a similar remedy. A party may petition the competent court to quash an order made contrary to law or procedure (बेरितको आदेश बदर निवेदन). Such petitions must state the petitioner. They must name the body whose act is challenged. They must state the facts. They must state the legal ground on which the act is said to be illegal. They must state the precise relief sought.