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Civil ProcedureVERIFIED NEPAL LEGAL TERM
Darpith (दर्पिठ)
English Equivalent:Refusal of Filing
Definition Summary
"The formal rejection of a lawsuit by the court registrar."
Detailed Explanation
Darpith is the endorsement made by a court officer rejecting a plaint or petition due to missing documents or lack of jurisdiction.
Legal Basis in Nepal Law
Muluki Civil Procedure Code 2074, Section 90.
Practical Example
The court clerk issued a darpith because the plaintiff failed to attach the unmarried certificate.
Civil Procedure and Court System in Nepal
Civil litigation, filing formats, summons serving, and enforcement of court decisions are governed by the Muluki Civil Procedure Code 2074 and the Administration of Justice Act 2073.
Key Statutory Rules:
- Plaint Filing (Firadpatra): A civil lawsuit begins with the filing of a formal plaint outlining the claims, facts, and legal basis.
- Summons Serving (Myad): The court issues a formal summons notice to the defendant, giving them a statutory deadline (usually 30 days) to submit a response.
- Response Filing (Pratiuttarpatra): The defendant must file their response answering each claim of the plaintiff, along with supporting documents.
- Court Mediation: For family disputes like divorce or property splits, the court is legally required to attempt mediation (Milapatra) before proceeding to trial.
Required Documentation:
- Formal Plaint or Petition document.
- Evidence checklist and witness declarations.
- Power of attorney (Wakalutnama) signed by the advocate.
- Court fee receipt based on the value of the claims.