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Civil ProcedureVERIFIED NEPAL LEGAL TERM
Ektarfi (एकतर्फी)
English Equivalent:Ex-parte
Definition Summary
"A legal proceeding conducted for the benefit of one party only."
Detailed Explanation
Ektarfi describes a court proceeding or decision made in the absence of the defendant after they fail to respond to the summons.
Legal Basis in Nepal Law
Muluki Civil Procedure Code 2074.
Practical Example
If the husband fails to appear after multiple notices, the court can issue an ektarfi divorce judgment.
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.