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Civil ProcedureVERIFIED NEPAL LEGAL TERM
Isthagan (स्थगन)
English Equivalent:Adjournment
Definition Summary
"The postponement of a scheduled court hearing."
Detailed Explanation
Isthagan refers to adjourning or postponing a scheduled court date or hearing to a future date, usually requested by a lawyer due to conflicts.
Legal Basis in Nepal Law
Muluki Civil Procedure Code 2074.
Practical Example
The lawyer requested an isthagan because they had a trial in the High Court on the same day.
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.