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Filing a case from abroad in Nepal is not too complex. A Nepali citizen or foreign national, having legal interests in Nepal, may have to initiate cases about property disputes, business conflicts, family matters, or other legal issues while living outside the country. Distance would surely be the major problem that comes along with the process: appointing an attorney in Nepal, authentication, and following the proper jurisdiction procedures. The Nepalese system does allow for filing by way of a power of attorney. Furthermore, it is considered important to also respect the rules concerning the Civil Procedure Code and court fees as a way to facilitate smooth court processes with correct legal documentation in place. Understanding these processes helps ensure fairness in the effective dispensation of justice from abroad and the execution of rights for such individuals within Nepalese courts.
Power of attorney means one who is legally appointed to transact business on another's behalf. Muluki civil procedure 2074, sec 144 states that an attorney is a person appointed to a case as representative of a party to a case to perform any act related to the case in the court.
Qualification of person to be appointed as attorney
A person who possesses the following qualifications may become an attorney:
- One who is competent to conclude a contract in accordance with the law, i.e minor, a person of unsound mind cannot conclude the contract.
- One who is not a defaulter of payment of a claimed amount according to a judgment, any such fee, court fee as required to be paid to the court for the execution of judgment, or any fine or penalty imposed by the court,
- One not convicted for forgery, fraud, corruption or offense involving moral turpitude. Nothing contained in this clause shall prevent any person from appointing any of his or her joint family as his or her attorney.
There are two types of attorneys
- General power of attorney (Sadharan Waresh)
- Authorized power of attorney (Adhikrit Waresh)
Whereas authorized power of attorney can be granted by the person filing a case in Nepal by staying outside Nepal. Authorized power of attorney can be granted in two ways:-
- District Court- In case of people residing in Nepal.
- Consular office of Nepal- In case of people residing abroad.
A person appointing the attorney shall affix a signature and thumb impression on the power of attorney in the presence of, and have it authenticated by, a judge of any District Court if the power of attorney is executed within Nepal, and any Nepali ambassador or consul general if it is executed in a foreign country. A fee of five hundred rupees shall be charged for the authentication of a power of attorney in the case of a family member and if the purpose of power of attorney is to file a case.
Documents required for issuing authorized power of attorney
- Citizenship of both parties, authority provider and receiver
- Photos-2 each
- Photocopy of citizenship of witness
Authorized power of attorney is to be given to relatives or friends (to the person you trust) and after providing the power of attorney, the person accepting the power of attorney can file the case in subsequent court as mentioned in the power of attorney.
The Authorized power of attorney gives the power to conclude a compromise and also case withdrawal power to the attorney.
For example, cases like divorce can be initiated by staying in Abroad
Filing a case from abroad in Nepal, though needing to be in compliance with legal procedures, is not at all complicated. The Nepalese legal system is quite transparent and clear; therefore, either a Nepali citizen or even a foreigner can execute his or her rights with the help of an attorney. A Power of Attorney (PoA) is the best option for initiating litigation from far away, which helps people get over geographical hindrances with regard to legal matters and have them adequately addressed. According to the Muluki Civil Procedure Code 2074, an attorney has been qualified and assigned so that only a person without any kind of legal or fiscal liabilities could represent somebody else.
The process of granting an attorney is different from state to state. Citizens of Nepal execute their Power of Attorney from the District Court while citizens living outside Nepal do it from a Nepalese consular office. This systematic process keeps the attorney working in favor of the principle. Moreover, the differentiation between General Power of Attorney and Authorized Power of Attorney allows for case-specific representation. The Authorized Power of Attorney, in particular, gives full-fledged authority to handle litigation, including case withdrawal and settlement. By ensuring that all the required documents, such as proofs of citizenship, photographs, and verification of witnesses, are duly submitted, one can efficiently handle the Nepalese judiciary from abroad. Ultimately, understanding and following these legal procedures ensures that justice remains accessible to individuals outside Nepal, safeguarding their rights and legal interests efficiently.