Missed a Court Tariq in Nepal? How to Apply for Tariq Thap (Extension) Under Civil Code 2074

Realizing that you missed your scheduled court appearance date (तारिख गुजारेको) in Nepal can be alarming. Under Nepal's procedural laws, court dates are statutory deadlines that dictate whether your lawsuit remains active or faces dismissal.

If you or your authorized legal representative (वारिस) failed to attend court on the scheduled date, act immediately. The law provides a structured legal mechanism to extend and revive a lapsed date (तारिख थमाउने), provided you apply within strict statutory deadlines and show recognized legal grounds.

This guide explains the consequences of a missed Tariq under the National Civil Procedure Code 2074 (मुलुकी देवानी कार्यविधि संहिता, २०७४), statutory timeframes, acceptable grounds, and how to apply for an extension.

1. What is a 'Tariq' (तारिख) in Nepal?

In Nepal's judicial system, a Tariq is a formal appearance date fixed by the court registry or bench. When a party attends court, they sign the court attendance ledger (तारिख भर्पाई) and are handed an attendance slip (तारिख पर्चा) stamped with their next required appearance date.

Tariq dates generally fall into:

• Ordinary Attendance Tariq (साधारण तारिख): Routine periodic appearances to keep the case active.
• Evidentiary Tariq (प्रमाण बुझ्ने तारिख): Dates designated for recording witness depositions or presenting documents.
• Hearing / Peshi Tariq (बहस पेसीको तारिख): Scheduled dates for bench hearings and oral arguments.

2. Consequences of Missing a Tariq (तारिख गुजारेको परिणाम)

The legal result of missing a court date depends directly on whether you are the Plaintiff (वादी) or the Defendant (प्रतिवादी):

• If the Plaintiff (वादी) misses the date: If a plaintiff stops attending court without an extension, the court may dismiss the case or place it into inactive archive (मुद्दा खारेज वा तामेली). In many disputes, statutory limitation (हदम्याद) rules may prevent refiling.
• If the Defendant (प्रतिवादी) misses the date: If a defendant fails to attend after acknowledging summons, the court proceeds ex-parte (एकपक्षीय कारबाही). The court will deliver a verdict based solely on the plaintiff's evidence.
• Statutory Grace Period: In both cases, the law provides a limited window to submit a formal application for extension (गुज्रेको तारिख थमाउने निवेदन).

3. Statutory Deadlines for Tariq Extension

The National Civil Procedure Code 2074 establishes two specific timeframes for applying for an extension:

Important: The 15-day or 30-day countdown starts on the exact date of the missed Tariq, not when you realized you missed it. If the final day falls on a public court holiday, you must file on the very next working day.

4. Legally Recognized Grounds for Extension

Courts do not grant extensions for casual forgetfulness. Under Section 65 of the Civil Procedure Code 2074, the applicant must establish circumstances beyond control (काबू बाहिरको परिस्थिति):

1. Severe Illness or Hospitalization (गम्भीर बिरामी): Supported by hospital admission records, discharge summaries, or a certificate from a registered medical practitioner.
2. Natural Calamities (बाढी, पहिरो, हिमपात): Landslides, floods, heavy snowfall, or road washouts blocking transit to the courthouse, certified by a local ward office (वडाको सिफारिस).
3. Immediate Family Mourning (काजकिरिया): Bereavement requiring observation of traditional mourning rituals in the immediate family, supported by death registration documents.
4. Official Curfews or Transport Shutdowns: Movement restrictions formally declared by district administration authorities.

5. How to Apply for a Tariq Extension

If you missed your date and are within the statutory window, follow these steps immediately:

Step 1: Draft the Formal Petition (गुज्रेको तारिख थमाउने निवेदन)

Prepare a written application addressed to the Judge of the court handling your case. The petition should state:

• Case Title, Case Registration Number, and assigned section (फाँट).
• The exact date of the missed Tariq.
• The specific reason for non-appearance with reference to Section 64 or 65 of the Civil Procedure Code 2074.
• A clear request to excuse the default and grant a fresh appearance date.

Step 2: Attach Supporting Documents

Attach original documentation proving your reason:

• Medical certificates and hospital records.
• Ward office recommendation letter.
• A copy of your previous attendance slip (तारिख पर्चा).

Step 3: Pay Requisite Fees and Submit

Affix the required court fee stamps (usually NPR 10 to 50) and submit the petition to your assigned section clerk (फाँटवाला). The clerk pulls your physical case file (मिसिल) and verifies the days elapsed.

Step 4: Appearance Before the Judge

The registry presents the application to the judge. If satisfied with your explanation and evidence, the judge endorses the order granting the extension (तारिख थामिदिएको छ).

Step 5: Receive Your New Slip

The registry records the extension in the attendance ledger and issues a fresh attendance slip (तारिख पर्चा) stamped with your new date.

6. Prevent Missed Dates with Mudda Kendra

Missing a court date can undo months or years of litigation. Rather than relying solely on paper slips or personal memory, you can keep your cases organized with Mudda Kendra.

Mudda Kendra helps you:

• Save and view all your court cases across District Courts, High Courts, and the Supreme Court in one place.
• Track your upcoming appearance dates (तारिख) and scheduled hearings (पेसी).
• Receive helpful reminders so that you never forget an attendance deadline.

To get started, create your account on the web platform first at muddakendra.com/signup. Once registered, log into the web dashboard or download the companion mobile app on iOS and Android to sync your case calendar. For setup assistance, visit the Help & Support Center.