The document outlines the structure and process of a civil suit in Bangladeshi courts.
1. A suit is instituted by filing a plaint and summons are issued. The defendant must then file a written statement within 30 days.
2. The court may refer the parties to alternative dispute resolution and then frames the issues in the case.
3. Evidence is disclosed, witnesses examined, and hearings held. A peremptory or final hearing concludes the examination within 120 days if possible.
4. The court then pronounces judgment within 7 days, followed by a decree also within 7 days, allowing the winning party to seek execution of the decree.
1. Structure of Civil Suit
Presented By
Mahmudul Mursalin
Advocate
Supreme Court
2. Institution of the suit
By presentation of plaint Under Section 26 of CPC and
Order 4 Rule 1
↓
• Issue Summons under section 27 O. 5 R. 1
• (Within 5 working days of filing of the
suit)(Transmission of summons by courier service or if
the plaintiff so directed by fax or email)
↓
3. Service Return
(If the court satisfied then issue Summons under O. 5 R.20)
↓
Filing written statement
(Under O.8 R. 1, within 30 working days of SS, if failed then
within 60 working days of SS [under latest amendment on
2012], failing which the court shall dispose of the suit ex
parte)
[Court may grant time petition under O. 17 R. 1]
↓
4. ADR (under section 89A)
[Time petition ibid]
↓
First Hearing
(Under O. 10 R. 1, but this provision is not in
practice)
↓
5. Framing of Issue
Under O. 14 (under O. 15, if parties are not at
issue on question of fact and law, then the
court may at once pronounce judgement at
first hearing)
↓
6. Section 30 of CPC
(Discovery and inspection under O. 11,
admission under O. 12, summons and
attendance of witness under O. 16,
commission to make local investigation under
O. 26 R. 9, the court may order any fact may
be proved by affidavit under O. 19 R. 1 etc)
[Time petition ibid]
7. ***** 1. The Court shall not grant more then 6
adjournments in a suit before peremptory hearing
2. the adjournment granted to a party beyond the
aforesaid limit shall make such party liable to pay
cost Tk. 200 – 1000, and in such case maximum 3
adjournments shall be granted
3. Non compliance of which the suit will be liable
to be dismissed or ex parte.
4. Dismissed and ex parte suit can be revived by
making an application within 30 days together with
costs of Tk. 2000
↓
8. Settling Date (SD)
In this stage the court shall fix a date for peremptory
hearing under Rule 124 of CRO
This settling date should be fixed in such a way that the
date of peremptory is not likely to be more than 2
months ahead of it.
↓
10. Peremptory hearing
The completion of the hearing is 120 days from the date
fixed for final hearing under O. 18 R. 19 [the same is not
mandatory but a directory],
Examination of chief, Cross Examination (under O. 18 R. 7)
Re- calling any witness under O. 18 R. 17
Witness to be examined in open court Under O. 18 R. 4
*** Court can grant not more then 3 adjournments to a
party if ends of justice required, with a direction to pay Tk.
200 ≤1000.
↓
11. Further Hearing
(When preemptory hearing has started but
could not be finished within the same day or
adjournment has granted in the middle, in
that case then the part of the hearing which
has been left to be done is called FURTHER
HEARING)
↓
13. Judgement
After the case has been heard, the Court shall
pronounce the judement on same day or
future day not beyond 7days -Under O. 20 R.
1-5, and section 33 of CPC
↓
14. Decree
Within 7 days from the date of pronouncement of
judgement Under O. 20 R. 5A, 6 & 7 and section
33 of CPC
↓
Execution of the decree under O. 21 , section 51 of
CPC
15. N.B: If any query feel free to knock me.
I think the above presentation on structure of
civil suit will be helpful for the students and as
well as the upcoming lawyers.