Legal Drafting important questions

The charge sheet (अभियोगपत्र) is the document by which the state brings a criminal case before the court. The state acts through the public prosecutor, after the police have investigated. Under the National Criminal Procedure Code 2074, with its registration the court's criminal procedure formally begins. So two things matter here. One is the points to consider in drafting it. The other is its importance in the administration of justice.

In preparing a charge sheet the drafter must take care of several matters. It must state the details of the accused accurately. Then the right person is tried, not an innocent namesake. It must give a clear and complete statement of the offence. This means the date, time and place and the manner in which it was committed. The accused is entitled to know exactly what is alleged. It must set out the facts and the evidence collected in the investigation. These must link the accused to the offence. The court decides on that material. It must specify the exact law and the offence charged. A person can only defend himself against a definite charge. It must state the punishment or relief demanded. And it must be drafted in clear, accurate and unambiguous language, in the proper form. Any defect may let a guilty person escape. Or it may wrongly burden an innocent one.

Consider an illustration. The police investigate a burglary. They conclude that Haribahadur broke into Rambahadur's house and stole cash and ornaments. They recover some of the articles from him. The prosecutor's charge sheet must name Haribahadur with his particulars. It must describe the break-in, with its date, time and place. It must set out the evidence: the recovered articles, the witnesses and the manner of entry. It must charge the offence of theft under the penal law. And it must demand the prescribed punishment. On that document the trial will proceed.

Its importance in the administration of justice is considerable. The charge sheet defines the accusation. So it tells the accused what case he has to meet. It lets him prepare his defence. This serves the right to a fair trial that the Constitution of Nepal 2015 guarantees. It frames the issues the court will try. It confines the trial to them. This prevents the prosecution from shifting its case. It records the state's evidence and reasoning. This gives the court the basis on which to decide. And it requires the prosecution to commit its case to writing. This guards against arbitrary or casual prosecution. The state must show a definite, evidenced accusation before a person is put on trial. For all these reasons a carefully drafted charge sheet is essential to a fair and effective criminal justice system. A careless one can defeat justice in either direction.

The First Information Report (जाहेरी दरखास्त) is the first written complaint that brings a crime to the notice of the authority. It is normally submitted before the Police Office (प्रहरी कार्यालय) of the place where the offence happened. Its importance is great. Under the National Criminal Procedure Code 2074 it is the starting point of the criminal justice process. It is the earliest official record of the crime. The police begin their investigation on the basis of it. Everything that follows is built on this first record. This includes the investigation, the charge sheet and the trial. So it must be drafted with care.

Because so much follows from it, the FIR must disclose certain essential matters. It must identify the complainant (जाहेरवाला) by name, address and age. It must name or describe the accused so far as known. The object of the report is to set the law on the right person. It must set out the facts of the offence fully and in order. These are the date, time and place. It must give a clear account of what happened and how it was done. It must give the sequence of events. Then the police understand exactly what is alleged. It should name the persons present and any witnesses. The investigation will need their statements. It should state the loss, injury or damage suffered. It should list the evidence the complainant can point to. It should end with a clear request that the matter be investigated and the offender punished according to law. This is followed by the oath that the contents are true, the signature and the date.

Consider a worked example. Suppose someone breaks into Rambahadur's house at Kathmandu ward number ten at midnight. He carries off cash and gold ornaments. A neighbour sees a person fleeing. A well-drafted FIR will name Rambahadur as जाहेरवाला, with his address and age. It will name or describe the suspected person. It will fix the night and the time. It will describe how the window was broken and the house entered. It will name the neighbour as a witness. It will list the stolen articles in a schedule. Then it will ask for investigation and action. On that record the police can at once begin a focused inquiry.

A well-drafted FIR gives the police a clear and reliable foundation for investigation. It also protects the complainant. A vague or incomplete FIR can weaken the whole case. This is because the charge sheet and the evidence at trial all trace back to it. So the FIR must be drafted with great care. It needs accuracy, completeness and clear sequence, just like any formal court document. This is true even though it is filed at a police office and not in a court.

A plaint (फिरादपत्र) and a charge sheet (अभियोगपत्र) are the two documents that formally begin cases in court. The plaint begins a civil matter. The charge sheet begins a criminal matter. Both are prepared so that proceedings can start on a clear and complete statement of the case. Under the National Civil Procedure Code 2074 the civil case begins with the registration of the plaint. The criminal case begins with the registration of the charge sheet. So each is the foundation stone of its case.

A plaint is prepared by a plaintiff to begin a civil case. It is needed because a court cannot act on its own. Someone with a grievance must bring the claim before the court in a proper written form. The plaint must disclose who the parties are, with their names, addresses and ages. It must state the facts that give rise to the claim, in a clear numbered order. It must state the cause of action and when it arose. It must state the relief sought and its value. It must state the ground of the court's jurisdiction. And it must show that the suit is within the time limit (हदम्याद). For example, Haribahadur has not repaid a loan of Rs. 2,00,000. To recover it, Rambahadur's plaint must state the loan and its date. It must state the default. It must claim the amount with interest. It must state the court's jurisdiction. It must show that the suit is in time. Careful preparation matters. The court and the defendant both act on what the plaint says. A vague or incomplete plaint may be rejected. One filed out of time may fail.

A charge sheet is prepared by the government, through the public prosecutor, to begin a criminal case after the police investigation. It is needed because the state prosecutes crime, not the victim. It must place before the court a clear accusation that the accused can answer. The charge sheet states the details of the accused. It states the offence, with its date, time and place. It states the facts and evidence gathered in the investigation. It states the specific law and offence charged. It states the punishment demanded. Take the burglary example. The police investigate Rambahadur's FIR. The prosecutor then files a charge sheet. It names the accused. It describes the break-in. It lists the recovered articles and witnesses. It charges theft. It demands the punishment the law provides.

Both documents are prepared for the same underlying reason. A case can be tried fairly only if it begins with an accurate, complete and clearly framed statement of what is alleged. The plaint frames the civil dispute and fixes the relief claimed. The charge sheet frames the criminal accusation and fixes what the accused must answer. In each, the court's procedure formally begins with the filing of that document. The issues the court will try are drawn from it. The opposite party prepares his defence against it. So careful drafting of both is essential to the administration of justice. A defect in the starting document can defeat an otherwise good case. Or it can let a guilty person escape.

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). Its importance lies in a simple fact. A person cannot always be present to handle his own affairs. Distance, illness, old age, absence abroad or pressure of other work may prevent him from appearing in court or completing a transaction. The power of attorney lets a trusted person act lawfully in his place. So his case is not lost and his business is not delayed for want of his presence. It saves time and cost. It lets one person manage several matters through agents. And whatever the attorney does within the authority given is legally binding on the principal.

Here is an example. Suppose Rambahadur has a lending case pending in the district court. He must travel abroad for employment for a year. If he cannot appear and take dates, his case may suffer or be lost. So he makes a power of attorney in favour of his brother. This authorises the brother to appear, file documents, argue and take dates in that case. Whatever his brother lawfully does within that authority binds Rambahadur, as if he had done it himself.

Powers of attorney are of two main kinds. A general or ordinary power of attorney (साधारण वारेसनामा) lets the attorney do a range of ordinary acts for the principal. For example, to look after his affairs generally or conduct his routine dealings. Its scope is broad. But it is used for ordinary matters. An authorised or special power of attorney (अधिकृत वारेसनामा) is given for a particular act or a specific case. For example, to conduct one named lawsuit or to execute one particular deed. It is often required to be certified or authenticated by the competent authority before the attorney may act on it. So the differences are these. They differ in scope: general acts versus one specific act. They differ in purpose: routine management versus a particular task. They differ in formality: the authorised power usually needs certification. A fuller model authorised power of attorney in the correct Nepali form, with placeholder names:

वारेसनामा

      म, काठमाडौं महानगरपालिका वडा नं. १० बस्ने, बाबुको नाम कृष्णबहादुर श्रेष्ठ भएको रामबहादुर
श्रेष्ठ, उमेर ४५ वर्षको व्यक्तिले, हाल रोजगारीको सिलसिलामा विदेश जानुपर्ने भई श्री जिल्ला अदालत,
काठमाडौंमा विचाराधीन तल उल्लिखित मुद्दामा आफू स्वयं उपस्थित हुन नसक्ने भएकोले, तल उल्लिखित
कामकारबाहीका लागि, काठमाडौं महानगरपालिका वडा नं. १० बस्ने, बाबुको नाम कृष्णबहादुर श्रेष्ठ भएको
मेरो दाजु हरिबहादुर श्रेष्ठ, उमेर ३८ वर्षलाई मेरो तर्फबाट वारेस नियुक्त गरी यो वारेसनामा गरिदिएको छु ।

अख्तियारीको विषय (मुद्दाको विवरण):
      वादी रामबहादुर श्रेष्ठ, प्रतिवादी सीताराम श्रेष्ठ भएको लेनदेन मुद्दा, श्री जिल्ला अदालत,
काठमाडौंमा विचाराधीन ।

दिइएको अधिकार:
१. उक्त मुद्दामा मेरो तर्फबाट अदालतमा उपस्थित भई बहस पैरवी गर्ने ।
२. आवश्यक लिखत, प्रमाण र निवेदन पेस गर्ने तथा झिकाउने ।
३. तारेख गुजार्ने र तारेख भरपाई गर्ने ।
४. मुद्दासँग सम्बन्धित अन्य आवश्यक कानुनी कामकारबाही गर्ने ।

      निज वारेसले उक्त अधिकारभित्र रही गरेको सम्पूर्ण कामकारबाही मैले स्वयं गरेसरह मलाई मन्जुर
हुनेछ, सो उपर मेरो कुनै उजुरबाजुर रहने छैन । यो वारेसनामा मैले होसहवासमा, कसैको करकाप वा
झुक्यानविना, राजीखुसीले गरी दिएँ ।

वारेस दिने (अख्तियारवाला): रामबहादुर श्रेष्ठ - सहीछाप
वारेस लिने (वारेस): हरिबहादुर श्रेष्ठ - सहीछाप
साक्षी: १. गोपाल श्रेष्ठ, काठमाडौं वडा नं. १० - सहीछाप
        २. सीतादेवी श्रेष्ठ, काठमाडौं वडा नं. १० - सहीछाप
लेखक: ..........................
मिति: २०८२ साल ...... महिना ...... गते रोज ...... शुभम् ।

In short, a power of attorney is useful because it lets someone be represented when the principal cannot act in person, as when Rambahadur goes abroad. And the ordinary and authorised forms differ in their scope, their purpose and the formality the law requires for each.

A compromise (मिलापत्र) is the document by which the parties to a dispute settle it by their own agreement. They settle it on terms they both accept. They then submit that settlement to the court. The court disposes of the case in accordance with it. It is closely connected with mediation (मेलमिलाप). In mediation a neutral third person helps the parties talk and reach such an agreement. An application for compromise is the request the parties make to the court. They ask it to record their settlement and end the case on its terms. The National Civil Procedure Code 2074 and Nepal's mediation practice encourage such amicable settlement at every stage of a civil case.

A compromise is necessary, and is encouraged, for several reasons. First, it ends the dispute quickly. Litigation can take years, through trial and appeal. A compromise closes the matter at once. Second, it saves cost and effort for the parties. It also reduces the burden on the courts. The courts can then give their time to cases that genuinely need a decision. Third, it produces a settlement the parties themselves accept. So it is more likely to be obeyed. It leaves less bitterness than a judgment imposed on an unwilling loser. Fourth, in many relationships a compromise preserves the relationship. This matters among family members, neighbours or business partners. A hard-fought lawsuit would destroy that bond. Fifth, it gives a certain and immediate result. It avoids the risk and delay of an uncertain judgment and a possible appeal.

A concrete example shows the point. Suppose two brothers, Rambahadur and Haribahadur, quarrel over a narrow strip of land between their houses. The dispute reaches the district court. With the help of a mediator, they agree that one brother keeps the strip and pays the other its value. They record this as a मिलापत्र and file it. The court disposes of the case on those terms. The land dispute is over in a day instead of years. The brothers remain on speaking terms. Both avoid the cost and anxiety of a long trial. Had the case been fought to judgment, one brother would have won and the other lost. The family bond might have been destroyed.

For these reasons the law treats compromise and mediation as valuable ways of settling disputes. A compromise once recorded by the court has the effect of ending the case. To serve its purpose, a compromise deed must clearly name the parties and the case. It must state the agreed terms precisely. It must be signed by both sides before the court. Then there is no later doubt about what was settled. And the settlement itself cannot become a fresh source of dispute.

A judgment (फैसला) and an appeal (पुनरावेदन) are related but different stages in a case. The difference is best seen by looking at what each one is and does. This works under the court system set up by the Constitution of Nepal 2015 and the procedure codes.

A judgment is the final, reasoned decision of a court on the case before it. The court hears the claim and the defence. It examines the evidence. It frames the issues. Then it decides who is right and makes its order. A judgment draft records the parties. It gives a summary of the claim and defence. It states the issues. It gives the findings on the evidence. It gives the court's reasoning. It states the final order with its legal basis. In short, the judgment is the court's own decision on the dispute. For example, the district court tries Rambahadur's loan suit. It may find the loan proved. It then orders Haribahadur to pay the amount with interest. That order is the judgment.

An appeal is a challenge to that judgment. A party who is not satisfied with it files the appeal. He files it before the higher court, within the time limit fixed by law. In the appeal he asks the higher court to re-examine the decision. He asks it to correct the decision, in whole or in part. The ground is that the lower court erred in its finding of fact or its use of law. So the appeal is not a fresh case. It is a review of the decision already given. Suppose Haribahadur believes the district court wrongly weighed his receipt of part-payment. He may then appeal to the High Court, which will re-examine that question.

The differences follow from this. A judgment is a decision. An appeal is a challenge to that decision. A judgment is given by the court that tried the case. An appeal is decided by the higher court in the hierarchy. The High Court sits over the district court. The Supreme Court sits over the High Court. A judgment ends the proceedings in that court. An appeal re-opens the matter in a higher forum. A judgment is made after a full trial on all the issues. An appeal is confined to the errors alleged against the judgment. A judgment is the court's first decision. An appeal is a corrective second look.

Yet the two are parts of the same system. They serve a common end. The judgment decides the dispute and gives the parties certainty. The appeal provides the means to correct a wrong decision. So justice is done at both levels. No party is bound by an error that a higher court can put right. The right of appeal is itself a safeguard of fair justice. It ensures that a single court's mistake is not the last word. Together, the carefully reasoned judgment and the orderly appeal give the legal system both finality and the power to correct itself.

A petition to quash an irregular order (बेरितको आदेश बदर गर्ने निवेदन) is a document. By it a party asks the competent court to set aside an order. The order is one that was made contrary to law or to the proper procedure. The word "beret" (बेरीत) means irregular, that is, against the prescribed procedure. An order made in this way is defective. So the law lets the affected party challenge it, rather than suffer an unlawful order to stand. This reflects a basic principle of the rule of law under the Constitution of Nepal 2015. Public and judicial authorities must act according to law and fair procedure. And their departures from law can be corrected.

Such a petition is reviewed, and must be drafted, with attention to several matters. It must identify the petitioner and his interest in the matter. It must identify the order complained of, with its date and the body or court that made it. Then the court knows exactly what is challenged. It must state the facts leading to the order, so the context is clear. Above all it must set out the ground of irregularity. This is precisely how the order was made contrary to law or procedure. Common grounds are these. The order was passed without jurisdiction. Or it was passed without hearing the party affected. This breaches the principle that no one should be condemned unheard. Or it was passed in breach of a mandatory procedural requirement. The petition must then state the relief sought. This is that the order be quashed. Where appropriate, it asks that the matter be decided afresh in the proper way. It is signed and dated and filed within any time limit that applies.

A concrete example makes the point. Suppose a court or a public office passes an order against Rambahadur. For instance, it strikes out his claim, or cancels a registration in his name. And it does this without ever giving him notice or a chance to be heard. That order is irregular. It was made in breach of the basic rule of a fair hearing. Rambahadur may file a petition. It identifies himself and the order. It states that the order was passed behind his back. It pins the irregularity on the denial of a hearing. It prays that the order be quashed and the matter reheard, with notice to him. If he shows the irregularity clearly, the court will set the order aside.

The significance of this remedy is twofold. It upholds the rule that authorities must keep within law and procedure. And it gives the citizen a drafted means to resist an unlawful order, rather than simply endure it. Sometimes a serious illegality touches a constitutional or fundamental right. Or no other adequate remedy is available. In such a case the affected person may instead move the Supreme Court or a High Court. He does so by a writ petition (रिट निवेदन), under the writ jurisdiction recognised by the Constitution of Nepal 2015. In either form the underlying idea is the same. An order made in breach of law does not truly bind. And the law provides a drafted petition by which it can be challenged and set aside. A carefully drafted petition is essential. It must pin down exactly where the irregularity lies. The court will quash the order only on a clearly shown ground of illegality. A petition that merely expresses dissatisfaction, without identifying the legal flaw, will fail.

A drafted FIR follows the standard court format. It is addressed to the Police Office with jurisdiction. It names the complainant and the accused. It sets out the facts fully and in order. It lists the witnesses and the loss. It makes the request for investigation. It closes with the oath, the signature and the date. A fuller sample in the correct Nepali form (placeholder names):

श्री इलाका प्रहरी कार्यालय,
काठमाडौं महानगरपालिका, वडा नं. १० ।

विषय: चोरीको जाहेरी दरखास्त ।

जाहेरवाला:            रामबहादुर श्रेष्ठ, बाबुको नाम: कृष्णबहादुर श्रेष्ठ, काठमाडौं महानगरपालिका
                     वडा नं. १०, टोल: ..........., उमेर ४० वर्ष, पेसा: व्यापार ।
प्रतिवादी (अभियुक्त):  हरिबहादुर तामाङ (थाहा भएसम्म), काठमाडौं वडा नं. ...... बस्ने, र निजसँग
                     मिलेका अन्य नखुलेका व्यक्तिहरू ।

महोदय,

      म माथि उल्लिखित जाहेरवाला, काठमाडौं महानगरपालिका वडा नं. १० स्थित आफ्नै घरमा परिवारसहित
बसोबास गर्दै आएको छु । मिति २०८२ साल असार १५ गते राति करिब १२:०० बजेको समयमा सबै सुतिसकेपछि,
कसैले घरको पछाडिपट्टिको झ्यालको ग्रिल फोरी, झ्याल उघारी घरभित्र प्रवेश गरी, भुइँतलाको कोठामा
राखिएको दराजको ताल्चा तोडी तपसिलमा उल्लिखित नगद तथा गरगहना चोरी गरी लगेको रहेछ । बिहान उठ्दा
झ्याल फोरिएको र दराज खुला अवस्थामा भेटी सामान हराएको थाहा पाएँ ।

      घटनाको विवरण देहायबमोजिम छ:
१. मिति, समय र स्थान: २०८२ असार १५ गते राति करिब १२:०० बजे, काठमाडौं महानगरपालिका वडा नं. १०
   स्थित जाहेरवालाको निजी घर ।
२. घटनाको प्रकृति: झ्यालको ग्रिल फोरी घरभित्र पसी दराजको ताल्चा तोडी नगद र गरगहना चोरी ।
३. शंकास्पद व्यक्ति: हरिबहादुर तामाङ, जो विगतमा पनि यस टोलमा यस्तै गतिविधिमा देखिएका थिए ।
४. प्रत्यक्षदर्शी / साक्षी: (क) सीतादेवी श्रेष्ठ, छिमेकी, काठमाडौं वडा नं. १० बस्ने; (ख) गोपाल
   श्रेष्ठ, छिमेकी, काठमाडौं वडा नं. १० बस्ने ।
५. नोक्सानी: तपसिलबमोजिम ।

तपसिल (चोरी भएका सामान):
    (क) नगद रु. ५०,०००।- (अक्षरेपी पचास हजार रुपैयाँ) ।
    (ख) सुनको सिक्री १ थान, अनुमानित तौल ...... तोला, अनुमानित मूल्य रु. ................... ।
    (ग) सुनको औंठी २ थान, अनुमानित मूल्य रु. ................... ।

माग दाबी:
      माथि उल्लिखित घटनाको छानबिन गरी, चोरी भएका सामान बरामद गराई, दोषी उपर प्रचलित कानुनबमोजिम
कारबाही गरी न्याय दिलाइपाउँ भनी यो जाहेरी दरखास्त पेस गर्न आएको छु ।

      माथि लेखिएको व्यहोरा ठीक साँचो हो, झुट्टा ठहरे कानुनबमोजिम सहुँला बुझाउँला ।

जाहेरवालाको नाम: रामबहादुर श्रेष्ठ
सहीछाप: ..................
सम्पर्क नं.: ..................
मिति: २०८२ साल असार १६ गते रोज ...... शुभम् ।

Explanation of the parts. The draft opens with the addressee. This is the Police Office that has jurisdiction over the place of the offence. Under the criminal procedure the FIR must be filed where the crime happened. The subject line (विषय) names the offence at a glance. The document then identifies the complainant (जाहेरवाला). It gives his full particulars: name, father's name, address, age and occupation. So there is no doubt who is reporting. It then names or describes the accused. The report must point the law at a person. The narrative states the facts fully and in order. It tells how the house was entered and the theft committed. So the police grasp exactly what is alleged. The numbered घटनाको विवरण restates the key facts. These are the date, time and place, the nature of the offence, the suspect and the witnesses. They are in an orderly form the police can act on. The schedule (तपसिल) lists the loss item by item. This matters both for the investigation and for any later recovery. The माग दाबी (prayer) makes the formal request. It asks for investigation, recovery and action against the offender. Finally the standard oath says the contents are true. The signature (सहीछाप) and the date (मिति) complete the document. These are exactly the matters an FIR must contain. They are arranged in the order the police expect. The fuller the first record, the stronger the investigation that follows.

The written response (प्रतिउत्तरपत्र) is the document the defendant files in answer to the plaintiff's plaint. It is also called the statement of defence. The defendant files it after he has been summoned, within the time the law allows. By it he meets the claim and tells the court his side. So the court can see exactly what is in dispute and frame the issues it must decide. The matters it should state are the following.

First, the parties and the case: the names of the plaintiff and defendant and a reference to the plaint being answered. Second, admissions and denials: a point-by-point reply. It admits the facts that are true and denies those that are disputed. This narrows the real controversy. Third, the defendant's own version of the facts, with the circumstances he relies on. Fourth, any legal objection. For example, that the claim is time-barred (हदम्याद नाघेको). Or that the court lacks jurisdiction. Or that the plaint is defective. Fifth, the evidence the defendant relies on, and the relief sought, usually the dismissal of the claim. It ends, like a plaint, with the oath that the contents are true, the signature and the date.

Here is an example. Suppose Rambahadur sues Haribahadur for Rs. 2,00,000. But Haribahadur has in fact repaid Rs. 1,00,000. His rejoinder will admit the loan. It will deny that the full amount is owed. It will plead the part-payment. And it will point to the receipt he holds. This at once tells the court that only the balance is genuinely in dispute. A clear rejoinder is important. It fixes the real points of dispute that the court will decide. A confused or evasive one leaves the defendant exposed on points he could have met.

A will (वकसपत्र) is the document by which a person gives his property to another. The gift takes effect according to the terms of the deed. Commonly it takes effect on the donor's death. But a will with immediate effect (हालैको वकसपत्र) takes effect at once, during the donor's lifetime. It is a solemn document. It disposes of property, often a person's whole estate. And an ordinary will operates when the donor is no longer there to explain or defend it.

The law therefore insists on certain matters. The draftsperson must see that each one appears. First, the deed must show that the donor is of sound mind and acts of his free will (होसहवासमा, राजीखुसीले, करकाप नपरी). A gift made under force, fraud or undue influence is not a genuine gift. This recital, backed by the witnesses, is the deed's main protection against a later challenge. Second, it must name the donor and the receiver precisely. Then there is no doubt who gives and who takes. Third, it must describe the property fully. This is usually done in a schedule with plot number, area and boundaries. Then exactly what passes is certain. Fourth, it must fix when the gift takes effect. This may be on the donor's death or at once. That decides when the receiver's right begins. It also decides whether the donor keeps the property meanwhile. Fifth, it must be signed before witnesses and dated. Where the law requires, it must be registered.

The reason for this care is best seen through a dispute. Suppose रामबहादुर leaves his house to one son by will. After his death the other children complain. They allege that he was senile. Or they allege that the favoured son forced his hand. Suppose the will plainly records that he was of sound mind and acted freely. Suppose credible witnesses attest it. Then the gift stands. But if those matters were left vague, the will is open to attack. The हालैको वकसपत्र raises a further practical point. It takes effect at once. So the receiver's ownership begins in the donor's lifetime. The donor cannot casually change his mind later. This is exactly why a donor who wishes to keep control until death must use an ordinary will instead. A sample in the correct Nepali form (placeholder names):

वकसपत्र

      लिखितम् काठमाडौं महानगरपालिका वडा नं. ५ बस्ने, श्री जयबहादुर श्रेष्ठको छोरा
रामबहादुर श्रेष्ठ, उमेर ७० वर्ष (वकस दिने) ।
      म होसहवास र स्वस्थ मनस्थितिमा रही, कसैको करकाप, झुक्यान वा प्रलोभनविना, आफ्नो
राजीखुसीले, आफ्नो हक भोग र स्वामित्वमा रहेको तल तपसिलमा उल्लिखित सम्पत्ति, मेरो छोरा
काठमाडौं महानगरपालिका वडा नं. ५ बस्ने हरिबहादुर श्रेष्ठ, उमेर ३५ वर्षलाई वकस दिई यो वकसपत्र
गरिदिएँ ।
      मेरो मृत्यु भएपछि उक्त सम्पत्तिमा निज हरिबहादुर श्रेष्ठको पूर्ण हक, भोग र स्वामित्व
कायम हुने छ; सोभन्दा अघि उक्त सम्पत्तिमा मेरो हक भोग कायमै रहने छ । मेरो मृत्युपछि अन्य
कुनै हकवालाले उक्त सम्पत्तिमा दाबी गर्न नपाउने गरी यो वकसपत्र गरेको हुँ । यो लिखत मैले कसैको
करकाप नपरी राजीखुसीले गरी दिएँ ।

तपसिल (वकस दिइएको सम्पत्ति):
      जिल्ला ....., ... नगरपालिका वडा नं. ..., कित्ता नं. ....., क्षेत्रफल ..... ;
      चार किल्ला - पूर्व: ....., पश्चिम: ....., उत्तर: ....., दक्षिण: ..... ।

वकस दिने: रामबहादुर श्रेष्ठ - सहीछाप
वकस लिने: हरिबहादुर श्रेष्ठ - सहीछाप
साक्षी: १. गोपाल श्रेष्ठ, काठमाडौं वडा नं. ५ - सहीछाप
        २. सीता श्रेष्ठ, काठमाडौं वडा नं. ५ - सहीछाप
लेखक: कृष्णप्रसाद श्रेष्ठ - सहीछाप
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।

Explanation. The deed opens with लिखितम् and the donor's full identity and age. Age matters because capacity is tied to the donor. The central recital affirms the donor's sound mind and free will. It names the receiver and the property. These are the three things a will must establish. The next clause fixes when the gift takes effect. Here it takes effect on the donor's death. The donor keeps his rights until then. In a हालैको वकसपत्र this clause would instead pass the right at once. The clause also bars other heirs from claiming. This forestalls a family dispute. The schedule (तपसिल) describes the property by plot number, area and four boundaries. The signatures of the donor and the receiver, the witnesses (साक्षी) who attest the donor's capacity, the scribe (लेखक), and the इति date line authenticate the deed. These are exactly the matters a valid will must contain.

Legal drafting (कानुनी मस्यौदा) means the preparation of a legal document in written form. The document must clearly, accurately and completely express the intention of the law and of the parties. It must also be enforceable. This is a special skill. A legal document is not ordinary prose. Each word may create a right. Each word may impose a duty. Each word may decide a dispute. So a careless phrase can defeat the whole purpose of the document and lead to a court case.

The importance of drafting follows from this. A well-drafted plaint lets a court understand a claim at once. A well-drafted deed of sale transfers property without a later quarrel. A well-drafted contract prevents disputes. It states each party's duties in advance. A badly drafted document does the opposite. It creates confusion. It invites challenge. It may be held void. Consider a loan. A lender may take only a scrap of paper that says "B owes me money." He has almost nothing he can prove. Now compare a proper deed of bond without mortgage (कपाली तमसुक). It records the amount in figures and in words. It records the interest. It records the period of repayment. It carries the borrower's signature before witnesses. This gives the lender a document a court can enforce. So drafting serves certainty. It prevents disputes. It gives legal relationships a dependable written record.

Legal drafting works to settled principles. It demands accuracy and precision in facts, figures and names. It demands clarity through simple and direct language. It demands brevity without loss of completeness. It demands unambiguity, so that each sentence carries one meaning only. It demands completeness, so that no essential matter is left out. It demands a logical sequence of facts and clauses. It demands consistency in the use of terms. It demands the correct legal form and format fixed by law for that kind of document. The drafter must also know the governing substantive law. Only then will the document be valid. Two short examples make this real. A will may leave property "to my son" when the testator has several sons. That is open to dispute. A will that names the son with his address removes the doubt. And a transfer of land that is never registered does not pass clear title, however carefully it is worded.

Drafting is practised in two broad fields. Document drafting prepares the deeds, contracts, petitions and court papers. These pass between individuals, or between the citizen and the state. Legislative drafting prepares bills, acts and rules that bind the whole society. When Nepal enacted the Muluki Civil Code 2074 and the Muluki Penal Code 2074, the drafters had to frame general rules. The rules would apply to every future case, not to named parties. The two fields differ in reader and in generality. But both rest on the same foundation of accuracy and clarity.

In short, legal drafting is the art of saying in writing exactly what the law intends. It is the first step by which legal rights are recorded, claimed and protected. A country's justice system can work only if claims, defences and transactions are put into clear and complete writing. That is exactly what sound drafting achieves.

Legal drafting (कानुनी मस्यौदा) is the art of putting a legal matter into writing. The document must be clear, precise, complete and enforceable. Every word in a legal document can create a right or a duty. So the drafter works to a set of well-settled principles. The value of any draft is measured by how faithfully these principles are followed. A document that ignores them is not merely poor writing. It is a legal risk. It may be rejected, challenged or held void.

The first principle is accuracy and precision. The document must state the correct names, addresses, amounts, dates and intentions. A single wrong figure or misdescribed party can defeat it. Take a charge sheet (अभियोगपत्र) as an example. If the accused is misdescribed, the guilty may escape and an innocent person may be troubled. So accuracy here is not a matter of neatness. It is a matter of justice. Closely linked is clarity. The language must be simple and direct. It must be readily understood. A document that a court cannot interpret confidently is a failed document.

The third principle is brevity with completeness. The drafter should use only as many words as the matter requires. Needless repetition and surplus should be avoided. But nothing essential may be left out. This leads to the principle of completeness. Every necessary element must be present. These are the parties, the subject matter, the consideration, the terms and conditions, the date and the signatures. A gap leaves the document open to challenge. A sale deed that forgets to record that the price was received is incomplete. A plaint that omits the relief claimed is incomplete. Either may fail.

A fourth principle is unambiguity. Each sentence must bear only one reasonable meaning. Vague or double-meaning words are the commonest source of litigation. So the drafter must test every clause for other readings and remove them. Here are two examples. A deed may say the land is sold "with the trees" without saying which trees. A will may leave property "to my son" where there are several sons. Each invites a dispute that careful wording would have prevented. The fifth principle is logical arrangement and consistency. Facts and clauses should follow a natural, orderly sequence. A plaint should move from the cause of action to the relief. The same term must be used for the same thing throughout. The drafter should never switch words for the same idea.

Finally, drafting requires the correct legal form and a sound knowledge of the governing law. Each kind of document has a prescribed form. A plaint, a deed of sale and a power of attorney each have their own form. The drafter must follow it. The document must also comply with the substantive law that makes it valid. Under Nepali law, for example, the transfer of immovable property must be by a written deed. That deed must be registered in the Land Revenue Office. A sale written out perfectly but never registered does not pass clear title. The Muluki Civil Code 2074 governs contracts, property and partition. Knowledge of it is therefore as much a part of good drafting as command of language.

Taken together, these principles make a draft that is accurate, clear, complete and enforceable. That is the whole aim of legal drafting. They are not mere counsels of style. Each one exists because its breach has, in practice, defeated documents and caused avoidable litigation. The careful drafter keeps every one of them in view.

A deed of bond without mortgage (कपाली तमसुक) records a money loan. The borrower gives a personal promise to repay. No property is pledged as security. It is one of the commonest private transaction documents in Nepal. People use it whenever they borrow from a neighbour, a relative or a local moneylender on trust alone. Its importance lies in that absence of security. The lender has no mortgage to fall back on. So the deed itself is his main protection. A loose or incomplete तमसुक can leave him unable to recover his money if the borrower later denies the debt.

For this reason the deed must state every essential matter clearly. It must name the borrower (ऋणी) and the lender (साहू) with their names, addresses and ages. Then there is no doubt who owes whom. It must record the amount borrowed both in figures and in words. Then the sum cannot be altered. It must fix the rate of interest and the period of repayment. Then the lender's return and the due date are certain. It must carry the borrower's promise to repay the principal with interest. It must also carry his consent to lawful recovery on default. That consent lets the lender pursue a legal remedy. It must close with the signatures of the borrower and the witnesses and the date. The citizenship copies are commonly attached as supporting proof.

Consider a simple example. रामबहादुर borrows Rs. 45,000 from सीताराम for a household need. He signs a तमसुक. He promises to repay within one year with interest. If he repays on time, the deed is returned or cancelled. But suppose he refuses. Then सीताराम can produce the तमसुक. It states the amount, the interest, the due date and the borrower's own signature before witnesses. That is the foundation of a recovery claim. Without such a deed सीताराम would have little to prove the loan at all. A sample for Rs. 45,000, in the correct Nepali form (placeholder names):

कपाली तमसुक

      लिखितम् काठमाडौं महानगरपालिका वडा नं. ५ बस्ने, श्री जयबहादुर श्रेष्ठको छोरा
रामबहादुर श्रेष्ठ, उमेर ३५ वर्ष (ऋणी) ।
      मैले आफ्नो घरायसी आवश्यकताका लागि काठमाडौं महानगरपालिका वडा नं. ५ बस्ने सीताराम
श्रेष्ठ, उमेर ४५ वर्ष (साहू) सँग आजका मितिमा नगद रु. ४५,०००।- (अक्षरेपी पैँतालिस हजार
रुपैयाँ मात्र) ऋण लिई नगदै बुझी लिएँ ।
      उक्त साँवा रकममा वार्षिक १२ प्रतिशतका दरले ब्याज लाग्ने गरी, आजका मितिले एक वर्षभित्र
साँवा ब्याजसहित एकमुष्ट फिर्ता बुझाउने छु । तोकिएको अवधिभित्र साँवा ब्याज नबुझाएमा मेरो
हक भोगको जायजेथा तथा आम्दानीबाट कानुनबमोजिम साँवा ब्याजसमेत असुलउपर गरी/गराई लिन मेरो
मन्जुरी छ । यो कपाली तमसुक मैले कसैको करकाप नपरी होसहवासमा राजीखुसीले बुझी सकी गरिदिएँ ।

ऋणी (सही गर्ने): रामबहादुर श्रेष्ठ - सहीछाप
साक्षी: १. हरिबहादुर श्रेष्ठ, काठमाडौं वडा नं. ५ - सहीछाप
        २. गोपाल श्रेष्ठ, काठमाडौं वडा नं. ५ - सहीछाप
लेखक: कृष्णप्रसाद श्रेष्ठ - सहीछाप
संलग्न कागजात: ऋणी र साहूको नागरिकताको प्रतिलिपि, साक्षीहरूको नागरिकताको प्रतिलिपि ।
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।

Explanation of the parts. The deed opens with the word लिखितम्. Then comes the borrower's full identity: his ward, his father's name and his age. This fixes exactly who is bound. The recital records the purpose of the loan. It also records the receipt of the amount in figures and in words. So the sum cannot be disputed or altered. The next clause fixes the interest and the repayment period. This makes the lender's return and the due date certain. The borrower then gives his promise to repay. He also gives his consent to lawful recovery from his property on default. That clause gives the lender his remedy. The free-will declaration (राजीखुसी) shows there was no force. This guards the deed against a later challenge. Finally come the signatures of the borrower, the witnesses (साक्षी) and the scribe (लेखक). Then come the list of attached documents and the इति date line. Together these complete and authenticate the deed. These are exactly the matters a loan deed must contain to protect the lender.

A sale deed or deed of transfer of ownership (राजीनामा) transfers the ownership of property from the seller to the buyer in return for a price. The property is usually land or a house. The deed records that transfer in a clear and legally valid written form. It is one of the most important private transaction documents. It deals with immovable property. Such property is often a family's most valuable asset. Its ownership must be certain for years to come.

The sale deed is necessary for several connected reasons. First, the transfer of immovable property is too serious to rest on word of mouth. An oral understanding leaves the ownership uncertain. It invites disputes. So the law requires a written and registered deed. Second, the deed fixes exactly what was sold, for how much, and to whom. Then neither party can later deny the terms. Third, the deed is registered in the Land Revenue Office (मालपोत कार्यालय). The holding is then mutated (दाखिल खारेज). This changes the ownership in the public record. Then third persons too can rely on it. These include future buyers, lenders and the state. Fourth, the deed protects both parties. The buyer gets secure title. The seller gets a written acknowledgement that the price was received and that he has parted with his rights.

The importance is clearest when something goes wrong. Suppose रामबहादुर sells his Lalitpur plot to हरिबहादुर. But they record nothing. Later रामबहादुर sells the same plot to a third person. Or his heirs claim it after his death. Now हरिबहादुर has little to prove his purchase. Compare a registered राजीनामा. With it, the land records themselves show हरिबहादुर as owner. The earlier deed defeats any such double dealing. This is why the Muluki Civil Code 2074 treats a registered deed as the proper mode of transferring ownership of immovable property. A sample in the correct Nepali form (placeholder names and figures):

राजीनामाको लिखत

      लिखितम् काठमाडौं महानगरपालिका वडा नं. ५ बस्ने, श्री जयबहादुर श्रेष्ठको छोरा
रामबहादुर श्रेष्ठ, उमेर ४० वर्ष (बिक्रेता) ।
      मैले आफ्नो हक भोग र स्वामित्वमा रहेको, तल तपसिलमा उल्लिखित जग्गा, ललितपुर महानगरपालिका
वडा नं. ७ बस्ने हरिबहादुर श्रेष्ठ, उमेर ३८ वर्ष (खरिदकर्ता) लाई मु. रु. ५०,००,०००।- (अक्षरेपी
पचास लाख रुपैयाँ मात्र) मा बिक्री गर्ने कुरा मन्जुर भई, सो रकम आजका मितिमा निजबाट नगदै बुझी
लिई, उक्त जग्गाको हक, भोग र स्वामित्व निज खरिदकर्तालाई छाडी यो राजीनामाको लिखत गरिदिएँ ।
      आजका मितिदेखि उक्त जग्गामा मेरो वा मेरा हकवाला, नाता, कुटुम्बको कुनै हक, दाबी वा सरोकार
नरहने भई, निज खरिदकर्ताले आफ्नो नाममा दाखिल खारेज गराई हक कायम गरी, जोत, भोग, बिक्री जे गर्न
पनि पाउने छन् । उक्त जग्गा अरू कसैलाई बिक्री, बन्धक वा दान बकस नगरेको हो; कुनै रोक्का वा
विवाद भएमा म बिक्रेता आफैँ बुझाउने छु । यो लिखत मैले कसैको करकाप नपरी होसहवासमा राजीखुसीले
गरी दिएँ ।

तपसिल (बिक्री भएको जग्गा):
      जिल्ला ललितपुर, ... महानगरपालिका वडा नं. ७, कित्ता नं. ....., क्षेत्रफल ..... ;
      चार किल्ला - पूर्व: ....., पश्चिम: ....., उत्तर: ....., दक्षिण: ..... ।

बिक्रेता: रामबहादुर श्रेष्ठ - सहीछाप
खरिदकर्ता: हरिबहादुर श्रेष्ठ - सहीछाप
साक्षी: १. गोपाल श्रेष्ठ, ललितपुर वडा नं. ७ - सहीछाप
        २. सीता श्रेष्ठ, काठमाडौं वडा नं. ५ - सहीछाप
लेखक: कृष्णप्रसाद श्रेष्ठ - सहीछाप
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।

Explanation. The deed opens with लिखितम् and the seller's full identity. It then names the buyer. It records the price in figures and words and that it was received. This proves the consideration passed. The operative clause records that the seller gives up all his rights. It also records that the buyer may mutate the holding and hold it as owner. That is the heart of a transfer. The next clause adds the seller's warranty. He warrants that the land is free of any charge and is not already sold or mortgaged. He promises to clear any defect. This protects the buyer's title. The free-will declaration guards against a later claim of force. The schedule (तपसिल) identifies the land by district, plot number, area and four boundaries (चार किल्ला). So exactly which plot was sold is beyond doubt. The signatures of the parties, the witnesses and the scribe, and the इति date line, authenticate the deed. In practice the deed is then registered at the मालपोत कार्यालय. These are the essential parts that make a sale deed complete and valid.

A usufructuary mortgage deed (भोगबन्धी लिखत) is made when an owner needs money but does not wish to sell his land. Instead he hands the land to the lender to hold and enjoy. The income the lender takes from it stands in place of interest. The land returns to the owner when he repays the principal. It is a distinctive Nepali mode of secured borrowing. It has long been used in farming communities. It sits between two other deeds. It is not an outright sale, which parts with ownership for good. It is not a bare personal loan, which gives the lender no security at all.

Its necessity is clear from the needs it serves on both sides. For the borrower, it is a way to raise funds against his land while keeping his ownership. He loses the use of the land for a time. But he does not lose the land itself. He can recover it simply by repaying the principal (साँवा). For the lender, it gives real security. He gets actual possession and enjoyment of the land. This is far better than a mere promise of interest. He is not left chasing an unwilling debtor. He already holds the income-earning asset. So the deed meets the borrower's need for money and the lender's need for security at the same time, without a permanent loss of the property.

An example makes the point. रामबहादुर needs money for his daughter's education. But his only asset is a field he does not want to sell. So he gives the field in भोगबन्धी to सीताराम for the sum he needs. सीताराम cultivates the field. He keeps its harvest in place of interest for as long as the money is outstanding. The day रामबहादुर returns the principal, the field comes back to him intact. Neither party has had to gamble. रामबहादुर has kept his land. सीताराम has had secure value in hand throughout. A model deed in the correct Nepali form (placeholder names and figures):

भोगबन्धीको लिखत

      लिखितम् काठमाडौं महानगरपालिका वडा नं. ५ बस्ने, श्री जयबहादुर श्रेष्ठको छोरा
रामबहादुर श्रेष्ठ, उमेर ४५ वर्ष (बन्धक राख्ने / जग्गाधनी) ।
      मैले आफ्नो घरायसी आवश्यकताका लागि काठमाडौं महानगरपालिका वडा नं. ५ बस्ने सीताराम श्रेष्ठ,
उमेर ५० वर्ष (बन्धक लिने) सँग नगद रु. १०,००,०००।- (अक्षरेपी दस लाख रुपैयाँ मात्र) लिई नगदै
बुझी लिएँ ।
      सो साँवा रकमको सट्टा, तल तपसिलमा उल्लिखित आफ्नो हक भोगको जग्गा निज बन्धक लिनेलाई
भोगबन्धक राखी आजैदेखि भोग गर्न दिएँ । निजले उक्त जग्गा जोत, भोग गरी प्राप्त गरेको आम्दानी
ब्याजसरह लिने र जग्गाको तिरो, मालपोत निजैले बुझाउने । मैले उक्त साँवा रु. १०,००,०००।- जुनसुकै
बखत फिर्ता बुझाएपछि निजले उक्त जग्गा मलाई तुरुन्त फिर्ता गर्ने छन् । साँवा फिर्ता नबुझाएसम्म
मैले उक्त जग्गा अरू कसैलाई बिक्री वा बन्धक नगर्ने । यो भोगबन्धीको लिखत मैले कसैको करकाप नपरी
होसहवासमा राजीखुसीले गरिदिएँ ।

तपसिल (भोगबन्धक राखिएको जग्गा):
      जिल्ला ....., ... नगरपालिका वडा नं. ..., कित्ता नं. ....., क्षेत्रफल ..... ;
      चार किल्ला - पूर्व: ....., पश्चिम: ....., उत्तर: ....., दक्षिण: ..... ।

बन्धक राख्ने (जग्गाधनी): रामबहादुर श्रेष्ठ - सहीछाप
बन्धक लिने: सीताराम श्रेष्ठ - सहीछाप
साक्षी: १. हरिबहादुर श्रेष्ठ, काठमाडौं वडा नं. ५ - सहीछाप
        २. गोपाल श्रेष्ठ, काठमाडौं वडा नं. ५ - सहीछाप
लेखक: कृष्णप्रसाद श्रेष्ठ - सहीछाप
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।

Explanation. The deed opens with लिखितम् and the mortgagor's full identity. It then records the amount received in figures and words. The central clause states that the land is given in usufructuary mortgage (भोगबन्धक). The lender may hold and enjoy it. He takes its income in place of interest and pays the land revenue. That is the defining feature of भोगबन्धी. The redemption clause fixes the owner's right to recover the land on repaying the principal. The restraint clause stops him from selling or re-mortgaging it meanwhile. This protects the lender. Then come the free-will declaration and the schedule (तपसिल) that identifies the plot by number, area and four boundaries. Finally come the signatures of both parties, the witnesses and the scribe, and the इति date line. These parts together show both the necessity of the deed and its correct form.

(a) Grounds for the order to summon the opposite party (झगडिया झिकाउने आदेश). A court does not call a person before it lightly. A summons puts a real burden on the person. He must appear and answer. He also runs the risk of a decision against him. So the court orders a summons only when certain grounds are present. The order issues only when they are satisfied.

First, there must be a validly filed plaint or charge sheet that has been registered. The court summons a party only in a case that is properly before it. There is no power to call a person where no case exists. Second, that document must show a cause of action against the person to be summoned. A cause of action is a real legal reason to claim against him. If a plaint shows no claim against a particular person, that person cannot be dragged into the case. Third, the person must be a necessary or proper party. This means a person whose presence is needed to decide the dispute fully. Suppose सीताराम sues on a loan. Then only the borrower रामबहादुर and any surety are proper parties. An unconnected stranger is not. Fourth, the claim must be within the court's jurisdiction and within the limitation (हदम्याद). Jurisdiction means the court's power over the matter. Limitation means the time limit for filing. If the court has no power over the subject, the case cannot proceed. The same is true if the claim is time-barred. Then there is nothing for which to summon anyone. Fifth, the person must be correctly identified. His name, address and description must be right. So the summons reaches the right person and not a namesake. When these grounds exist, the court orders the summons to issue. If they are absent, there is no basis to call the party.

(b) Court procedure formally begins with the filing of the case. This statement is correct. It captures a basic feature of Nepal's procedural law. A court does not act on its own. It acts only when a matter is brought before it. The matter must be brought in the proper form. It must be brought by the person entitled to bring it. In a civil case that form is the plaint (फिरादपत्र) filed by the plaintiff. In a criminal case it is the charge sheet (अभियोगपत्र). The public prosecutor files the charge sheet after investigation. Until the document is filed and registered, there is no case in the eye of the law. There are no parties before the court. There are no issues to try. There is no proceeding in existence.

The moment the document is registered, a chain of consequences follows at once. The court's jurisdiction is engaged. The opposite party is summoned by समाह्वान. The dates of the case begin to be fixed and recorded on the तारिख पर्चा. The limitation and other time limits start to run. The trial process is formally set in motion. So the filing is the true starting point of the procedure. It fixes the claim or the accusation that the court will decide. It identifies the parties between whom the dispute lies. It gives the court the power to summon, to take evidence and finally to decide.

For this reason the drafting of the first document is very important. Everything that follows is built on it. The summons, the defence, the framing of issues, the evidence and the judgment all rest on it. A plaint or charge sheet that is accurate, complete and correctly framed gives the whole case a sound base. A faulty one can make the case fail at the very start. Both parts of the question point to the same truth. The grounds for summoning a party and the start of the proceeding both flow from a validly filed and registered case.

Legal drafting means the preparation of a legal document in written form. The document must clearly, accurately and completely express the intention of the law and of the parties. It must also be enforceable. This is a skilled task. A legal document is not ordinary writing. Each word may create a right or a duty. So a careless phrase can defeat the document and cause a dispute. This is why law treats drafting as a professional discipline, not mere composition.

A sound legal draft shows certain features. It states the correct facts and parties. A court acts on what is written, not on what was meant. It uses clear and simple language. Then the judge and the parties read each clause in the same way. It is complete in its essential elements. These are the subject, the terms, the consideration, the date and the signatures. The court cannot add anything later. It also follows the correct legal form fixed for that kind of document. The form itself is often a condition of validity.

Here is an example. A deed of sale (राजीनामा) names the seller and the buyer. It describes the plot with its boundaries. It records that the price was received. It is signed before witnesses and registered. Such a deed transfers ownership cleanly. A loose note that "the land has been sold" does not. By putting the matter into a proper written form, drafting gives legal relationships a dependable record. It prevents disputes. It lets rights be claimed and protected with certainty. That is why it is the first and most important practical skill in law.

A recommendation letter for an electricity connection is drafted on the ward office's letterhead. It is addressed to the electricity authority. It carries a letter number and a dispatch number. It carries a date and a subject line. The body identifies the applicant. It certifies that he lives there and that he owns the house. The letter ends with the issuing officer's signature, designation and seal. Here is a fuller sample in the correct Nepali form (placeholder names and numbers):

काठमाडौं महानगरपालिका
वडा नं. ५ को कार्यालय
काठमाडौं, बागमती प्रदेश ।

पत्र संख्या: ....../०८२।८३                                         मिति: २०८२ साल ... महिना ... गते ।
चलानी नं.: ......

श्री नेपाल विद्युत् प्राधिकरण,
वितरण तथा ग्राहक सेवा केन्द्र,
काठमाडौं ।

विषय: घरायसी विद्युत् जडानका लागि सिफारिस ।

महोदय,

      यस वडा नं. ५ अन्तर्गत स्थायी रूपमा बसोबास गर्दै आउनुभएका श्री रामबहादुर श्रेष्ठ, ठेगाना:
काठमाडौं महानगरपालिका वडा नं. ५, नागरिकता नं. ....., ले आफ्नो हक भोगको, यसै वडा नं. ५ मा पर्ने
कित्ता नं. ..... को घरमा घरायसी प्रयोजनका लागि नयाँ विद्युत् मिटर जडान गर्नुपर्ने भई यस
कार्यालयमा निवेदन दिनुभएको हुँदा, सोको व्यहोरा जाँचबुझ गर्दा निज यस वडाका स्थायी बासिन्दा
भई उक्त घर निजकै हक भोगको रहेको पुष्टि भएकोले, निज निवेदकलाई नियमानुसार विद्युत् जडान गरिदिनुहुन
सिफारिससाथ अनुरोध गरिन्छ ।

                                                      ....................
                                                      वडा अध्यक्ष
                                                      काठमाडौं महानगरपालिका, वडा नं. ५ को कार्यालय
                                                      (कार्यालयको छाप)

Explanation of the parts. The letter opens with the letterhead. It names the issuing local level, the ward office and the place (काठमाडौं महानगरपालिका, वडा नं. ५ को कार्यालय). This shows at once which authority is certifying the facts. It gives the letter its official standing. Below it come the letter number (पत्र संख्या), the dispatch number (चलानी नं.) and the date (मिति). These let the ward office record the letter in its registers. They also let the office trace it later and fix the time it was issued. Next is the addressee. This is the Nepal Electricity Authority (नेपाल विद्युत् प्राधिकरण) distribution centre. It is the office that will act on the recommendation. The subject line (विषय) states the purpose in one short phrase. This lets the receiving clerk route it correctly. The body does the real work. It names the applicant and gives his address. It leaves a placeholder for his citizenship number. It states that he applied to the ward. Then it certifies the two facts that matter to the utility. First, that he is a permanent resident of the ward. Second, that the house at the stated plot (कित्ता नं.) is in his own ownership and occupation. It then makes the recommendation and request that the connection be given according to the rules. Finally the signature block carries the signature. It carries the designation (वडा अध्यक्ष). It carries the full office name. It carries the official seal (कार्यालयको छाप). Together these authenticate the letter. They show that a competent officer has certified the facts. These are exactly the standard parts of an official recommendation letter. They are arranged in the order a government office expects.

A deed of partition (अंशबण्डा) divides joint family property among the coparceners (अंशियार). A coparcener is a family member with a right to a share. After the division each takes a separate share. Under the Muluki Civil Code 2074, each member of an undivided family has a right to claim such a division. The deed ends the joint ownership. It fixes who owns what from then on. So it must be complete and exact. The essential elements it should mention are these:

• The names and details of all the coparceners entitled to partition. Then no person with a right to a share is left out. Leaving one out would make the division open to challenge.
• A full description of the property to be divided, both movable and immovable, with boundaries. Then the whole family estate is accounted for.
• The share allotted to each person, clearly identified. Then each knows exactly which land, house or goods he takes.
• A statement that from the date of partition each shall separately own and enjoy his own share, with no claim on the shares of the others. This is what actually severs the joint ownership.
• The date and the signatures of all parties and the witnesses.

Here is an example. रामबहादुर and his two sons decide to separate. The deed lists the family house, the fields and the movable property. It divides them into three shares. It records that each thereafter holds his portion as sole owner. Now suppose the deed forgot to mention a plot of land. That plot would remain joint. It could spark the very dispute the partition was meant to prevent. This is why completeness matters. Listing both the coparceners and the property is the heart of a sound अंशबण्डा.

Both of these are recommendation letters (सिफारिस पत्र) issued by the ward office. Both share the common form. Each has a letterhead, a letter and dispatch number, and a date. Each has an addressee, a subject, a body, and a signature with a seal. So a drafter moves from one to the other by changing the addressee and the certified facts. But the two letters serve very different ends:

• Purpose: the water-supply recommendation supports the connection of drinking water to a house. This is a household-service matter. The land-sale recommendation supports a transaction in land. It certifies facts about the property so it can be sold or registered.
• Addressee: the water recommendation goes to the water-supply office or authority (खानेपानी कार्यालय). The land-sale recommendation is used before the Land Revenue Office (मालपोत कार्यालय) or the office that handles the transaction.
• Contents: the water recommendation certifies the house and the applicant's need for a water connection. The land-sale recommendation certifies facts about the land and its ownership. For example, that the plot stands in the seller's name and lies in the ward. These facts matter to the sale.
• Consequence: the water recommendation concerns a service that can be fixed later. The land-sale recommendation touches valuable property rights. So it must be drafted with far greater care. A careless letter could help a disputed or fraudulent transfer.

Here is an example. रामबहादुर श्रेष्ठ builds a new house in ward 5. A simple ward recommendation that the house is his lets the water office give a tap connection. But suppose he wishes to sell a plot. Now the land-sale recommendation must carefully certify that the plot is really in his ownership. On the strength of that letter, the Land Revenue Office may register a transfer. That transfer changes who owns the land. So the two letters are alike in form. But they differ in purpose, addressee, the facts certified and the seriousness of their consequences.

An arrest warrant (पक्राउ पुर्जी) is a written order. It directs that a named person be arrested and produced before the court or office. It touches a person's liberty. So it must be clear and lawful. A fuller sample in the correct Nepali form (placeholder names):

श्री जिल्ला अदालत, काठमाडौं ।
(वा श्री इलाका प्रहरी कार्यालय, काठमाडौं)

विषय: पक्राउ पुर्जी ।

      वादी नेपाल सरकार प्रतिवादी रामबहादुर श्रेष्ठ भएको चोरी मुद्दाको सम्बन्धमा, अभियुक्त
रामबहादुर श्रेष्ठ, काठमाडौं महानगरपालिका वडा नं. ५ बस्ने, उमेर ...... वर्षलाई अनुसन्धान तथा
अदालतमा उपस्थितिका लागि आवश्यक परेको, तथा पटक पटक सूचना दिँदा पनि उपस्थित नभएकोले,
निजलाई कानुनबमोजिम पक्राउ गरी यस अदालत/कार्यालयमा हाजिर गराउनु भनी श्री प्रहरी कार्यालय,
काठमाडौंलाई यो पक्राउ पुर्जी जारी गरिएको छ ।

जारी गर्ने अधिकारी: ..................
दर्जा:              ..................
(कार्यालयको छाप)
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।

Explanation of the parts. The warrant opens with the issuing court or office as its heading. Next comes a subject line (विषय) that names it as a पक्राउ पुर्जी. The body names the case and the parties, here नेपाल सरकार (Government of Nepal) against the accused. It identifies the person to be arrested by name, address and age. So the right person is taken. It states the ground. Here the ground is that he is needed for investigation and appearance, and has failed to appear despite notice. A stated ground is required. An arrest must rest on a lawful reason. The warrant then gives the direction to the police to arrest him and produce him before the court or office. It closes with the issuing authority's name and post (दर्जा). It carries the office seal (कार्यालयको छाप) and the date (मिति). Together these show that the order comes from a competent authority. These parts are essential. The warrant allows the state to take away a person's liberty. So it must be precise and lawful. A detention warrant (थुनुवा पुर्जी) is drafted on the same frame. But it does not order arrest and production. Instead it orders that the accused be kept in custody during investigation or trial.

For the Or alternative, a receipt (भरपाई) is proof that money or a thing has been received. It protects the payer by proving that the payment was made. A fuller sample:

भरपाई

      काठमाडौं महानगरपालिका वडा नं. ५ बस्ने रामबहादुर श्रेष्ठबाट, निजले भाडामा लिएको मेरो
घरको मिति २०८२ साल ... महिनाको घरभाडाबापत नगद रु. १५,०००।- (अक्षरेपी पन्ध्र हजार रुपैयाँ)
आजका मितिमा नगदै बुझी लिई यो भरपाई गरिदिएँ । उक्त महिनाको भाडाबापत अब कुनै रकम लिन बाँकी छैन ।

रकम बुझी लिने: सीताराम श्रेष्ठ, काठमाडौं वडा नं. ५ - सहीछाप
रकम बुझाउने:   रामबहादुर श्रेष्ठ - सहीछाप
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।

The receipt names the payer and the payee. It states the purpose of the payment, here house rent for a named month. It records the amount in figures and words and that it was received. It confirms that nothing is left due for that month. It closes with the signatures and the date.

A competent legal draftsperson (मस्यौदाकार) combines several qualities. Drafting demands both legal judgment and skill with words. The main qualities are these.

• Sound knowledge of law: without it the document may be invalid or unenforceable. A drafter may not know that a land transfer must be registered. That drafter will produce a deed that fails when it is tested.
• Command of language: a firm grip on Nepali and on the technical legal vocabulary. Then the meaning is exact and no clause can be read two ways.
• Clarity of thought: a confused mind produces a confused document. So the drafter must think the matter through before writing it.
• Precision and care in detail: a single wrong name, figure or date can defeat the whole document. In a charge sheet, misdescribing the accused can wreck the case.
• Patience and careful revision: a good draft is read and corrected before it is finalised. Then the slip missed on first writing is caught on second reading.
• Analytical skill and objectivity: the ability to sort relevant facts from irrelevant ones. Then a plaint pleads the cause of action and leaves out the surrounding gossip. The drafter serves the matter and not personal bias.

Here is an example. A drafter preparing a loan deed (कपाली तमसुक) must know the law of loans. The drafter must write the amount clearly in figures and in words. The drafter must check every detail. The drafter must set out only what the deed needs. These qualities together make the document valid, clear and dependable. That is the purpose of drafting.

The National Civil Procedure Code 2074 (2017) has a provision on filing cases. It uses the word deed (लिखत) in a wide sense. The Explanation makes clear that for this purpose a "deed" is not limited to ordinary transaction documents. It also takes in the formal papers through which a civil matter is begun or defended before a court. These are the plaint (फिरादपत्र) and the written response or rejoinder (प्रतिउत्तरपत्र). They also include other petitions, applications and appeals filed in the proceedings.

The purpose of this wide meaning is practical. It makes clear that all of these documents must satisfy the law's requirements. Not just deeds of sale or loan, but court papers too. Each must have the correct form. Each must have complete content. Each must be filed in time, within the limitation period (हदम्याद). The effect can be seen in an example. A plaintiff may file his plaint after the limitation has run. Or he may leave out an essential matter, such as the relief claimed. The plaint can then be rejected. This is just like a defective transaction deed being refused registration. In both cases the paper is treated as a "deed" that has failed to meet the law's requirements.

For a draftsperson the lesson is clear. A plaint or a rejoinder is a "deed" in the eyes of the Code. It must be prepared with the same accuracy, form and completeness as any registered transaction document. Carelessness in a court paper carries the same legal risk as carelessness in a deed of sale. In both cases the risk is loss of the claim or the defence. That is why the wide meaning is worth remembering.

(Flagged for review: the exact wording of the Explanation to section 28(1) should be checked against the authentic text of the Code before publishing; the answer describes its effect without quoting a verbatim statutory sentence.)

A citizenship recommendation and an electricity recommendation are both recommendation letters (सिफारिस पत्र). Both are issued by a ward office or local level. Both share the same basic form. Each has a letterhead, a letter and dispatch number, and a date. Each has an addressee, a subject line, and a body that states the facts and the recommendation. Each ends with the officer's signature, designation and seal. The frame is the same for both. So a student who can draft one can draft the other. He only changes the addressee and the certified facts. The real differences lie in their purpose, their addressee, their contents and the care they demand:

• Purpose: the citizenship recommendation supports the issue of a citizenship certificate. This is a matter of a person's legal identity and status. The electricity recommendation supports a utility connection. This is a matter of a household service.
• Addressee: the citizenship recommendation goes to the District Administration Office (जिल्ला प्रशासन कार्यालय), which issues citizenship. The electricity recommendation goes to the Nepal Electricity Authority (नेपाल विद्युत् प्राधिकरण).
• Contents and verification: the citizenship recommendation certifies the applicant's residence and parentage or descent (वंशज). These need careful checking, because citizenship is a serious and permanent right. The electricity recommendation mainly certifies ownership or occupation of the house that needs the connection.
• Consequence: an error in a citizenship recommendation affects a person's very status. It is hard to undo. So it demands the greatest care. An electricity recommendation concerns a service. That can be corrected or disconnected more easily.

Here is an example. A sixteen-year-old resident of ward 5 applies for citizenship. The ward must check his parents' citizenship and his residence first. Only then does it recommend him to the District Administration Office. Now the same family wants a meter for a new room. This time the ward need only confirm that the house is theirs. Then it recommends the connection to the electricity authority. So the two letters are the same in form. But they differ in purpose, addressee, the facts certified and the amount of checking required.

A no-objection letter (स्वीकृतिपत्र) records that a concerned person or authority has no objection to a certain act. It records that they agree to it. The document is short. But obtaining one is necessary for several connected reasons:

• Many acts affect the rights or interests of others. So the agreement of the affected party is needed before the act can lawfully proceed. For example, a neighbour's consent is needed to build up to a shared boundary.
• It prevents later disputes. It puts the consent in writing at the very start, when relations are still good. It does not leave the matter to memory.
• It serves as evidence that the affected party or authority really agreed. This is decisive if the matter is questioned later.
• It protects the rights of other people. They might otherwise be harmed by an act done without their knowledge.
• It is often a document the receiving office positively requires. The office may demand it before registering a transfer, approving construction or permitting foreign employment.

Take an example. रामबहादुर श्रेष्ठ and his co-owner jointly hold a plot. रामबहादुर wishes to mortgage his share. The Land Revenue Office may ask for a no-objection letter from the co-owner first. Then the co-owner cannot complain later. Here the letter protects the co-owner. It also gives the office the comfort it needs. So the no-objection letter is brief but important in daily dealings. It must clearly name the person giving it. It must name the act consented to. It must carry the date and signature.