1. Proceedings To Follow
Bench Officer: Attention!! Attention!! Please all raise, the court is coming, you all are
requested to stand up until the judge enters and is sited.
Judge: Good morning/afternoon………… You all are requested to take your sit please.
Bench Officer: The court is now in session. Honorable judge Ms. Afia Raham is now
presiding.
Judge: The court is ready to start the day’s proceeding. Mr. Bench officer, call the first
case from the today’s cause list.
Bench Officer: Our today’s case is title suit no. 125/ 2016. In this case the plaintiff is
Eliyas and defendantis Raja Chowdhury and others. This is a suit for [establishment of
title and recovery of khas possession in the suit land] under section 42 of the specific
relief Act 1877. Today the case is fixed for hearing the case. The record is put up before
your honour for hearing.
Judge: The record is taken up for hearing. This is a suit for [establishment of title and
recovery of khas possession in the suit land] under section 42 of the specific relief Act
1877. Plaintiff side has filed the petition for amendment of the plaint. Defendant side
has opposed it. For the purpose of hearing the petition I will first hear the plaintiff side,
thereafter the defendant’s side. The court is ready to hear the case. Is the Plaintiff side
ready? or May I call the learned advocate on behalf of the plaintiff …………. to submit his
submission. Learned advocate ……….are you ready to submit you submission regarding
the petition for amendment of the plaint on behalf of the plaintiff.
(Plaintiff’s Advocate’s role)
I have heard the submission of learned Advocate on behalf of the plaintiff regarding
amendment of the plaint. Now I would like to hear the objection raised by the learned
advocate on behalf of the defendant. Learned advocate …… are you ready to submit
your submission on behalf of the defendant side.
(Defendants Advocate role)
Judge; Learned advocate …………….. you may present your submission.
(Defendants Advocate role)
Judge: We have heard the submissions by learned advocates of both the side and
considering the facts and circumstances of the case I have come to the decision that the
2. petition for amendment of plaint is granted and proposed change is inserted ir the
plaint accordingly.
Our next event is to hear the application for temporary injunction. The plaintiff side has
filed the petition for temporary injunction to restrain the defendant not to transfer the
suit land of any third party till disposal of the suit. The defendant side opposed the
petition. I will hear the plaintiff side first and then the defendant.
May I call the learned advocate to submit the injunction petition on behalf of plaintiff
side?
(Plaintiff’s Advocate’s role)
Judge: Learned advocate ………………….. are you ready to submit your submission?
(Plaintiff’s Advocate’s role)
Judge: Learned advocate you may submit with your submission.
(Plaintiff’s Advocate’s role)
Judge: I have heard the submission advanced by the learned advocate on behalf of the
plaintiff regarding temporary injunction. Now I will hear the objection raised by the
defendant side. May I call learned advocate on behalf of the defendant side to present
her objection raised on behalf of the defendant.
(Defendant’s Advocate’s role)
Judge: Learned advocate …………… are you ready to submit your submission on behalf of
the defendant?
(Defendant’s Advocate’s role)
Judge: Learned advocate ……………… you may present your submission now.
(Defendant’s Advocate’s role)
Judge: I have heard the submissions presented by both sides regarding petition for
temporary injunction. Now I am going to give my decision. Considering the facts and
circumstance of the case and the documentary evidence on record, I am of the opinion
that if the suit land is transferred of any third party by the defendant side the suit will be
trusted and therefore the petition of a temporary injunction is allowed. The defendant
is directed not its transfer the suit land to any third party till disposal of the suit.
3. Our next event is to hear the submission of description of ADR process. Learned
advocate ……………………. are you ready to submit your submission on description of ADR
process in the form of Mediation as adopted in this case.
(Learned advocates role)
Judge: Learned advocate you may advance your submission.
(Learned advocates role)
The ADR process is failed. Our next event is to framing the issues. Considering the
respective cases of the parties, I have framed the following issues. The issues are-
1.
2.
3.
4.
For the purpose of hearing the trial of the case our next event is to hear the opening
statements of the respective parties. Firstly I will hear the plaintiff side and thereafter
the defendant side.
Learned advocate ……………….. are you ready to open the case on behalf of plaintiff’s
side.
(Plaintiff’s Advocate’s role)
Learned advocate ……………. you may open the case on behalf of the plaintiff’s side.
I have heard the opening statement of learned advocate ………………. Now I will hear the
defendants opening statement. Learned advocate …………………. are you ready to submit
your opening statement on behalf of the defendant side.
(Defendant’s Advocate’s role)
Learned advocate ……………… you may open the case on behalf of defendant side.
I have heard the opening statements of both plaintiff and defendant side. The case is
open accordingly. Our next event is to take the evidences of the witnesses. Firstly I will
record the evidences of plaintiff side and thereafter defendant side.
4. Learned advocate ………………….. are you ready to present your witnesses?
(Learned advocates role)
Mr. bench officer , please call the first witness on behalf of the plaintiff.
Bench Officer: May I call the plaintiff witness number 1 now
Judge: Yes Mr. Bench Officer you may call the plaintiff witness no. 1
Bench Officer: plaintiff witness no. 1……………….. are you present?
Bench Officer: Please come to the witness dock.
Judge: Let the witness be sworn.
Bench Officer: Please repeat me……………. Whatever I say, I say the truth, I shall not say
anything which is untrue.
Judge: Oath is taken. Learned advocate on behalf of the plaintiff ……………………… you
may take chief of the witness.
(Plaintiff’s Advocate’s role)
Judge: The examination-in-chief of plaintiff witness no.1 is taken and I have recorded
the statements of plaintiff witness no.1. Now its time to hear the cross examination of
witness no. 1. Learned advocate on behalf of the defendant side Mr……..are you ready
to cross the witness.
(Defendant’s Advocate’s role)
Learned advocate Mr. ……… you may cross the witness now.
(Defendant’s Advocate’s role)
Judge: The examination-in-chief and the cross examination of the plaintiff witness no. 1
is recorded. Our next turn is to take evidence of the plaintiff witness no. 2.
Mr. Bench officer, please call the witness no. 2 on behalf of the plaintiff.
Bench Officer: May I call the plaintiff witness no. 2?
Judge: Yes, you may call the plaintiff witness no. 2 now.
Bench Officer: Plaintiff witness no……. are you present?
5. (Plaintiff Witness Role)
Bench Officer: Please come to the witness dock.
Judge: Let the witness be sworn.
Bench Officer: Please repeat me……………. Whatever I say, I say the truth, I shall not say
anything which is untrue.
Judge: Oath is taken. Learned advocate Mr. ………… you may take Chief of the witness
now.
(Plaintiff’s Advocate’s role)
Judge: The statement of plaintiff witness no.2 is recorded. Now I would like to hear the
cross examination of witness no. 2. Learned advocate on behalf of the defendant ………..
you may cross the witness.
(Defendant’s Advocate’s role)
Judge: The chief and cross of the plaintiff witness no. 2 is recorded. Our next turn is to
take evidence of plaintiff witness no. 3. Mr. Bench officer, please call the plaintiff
witness no. 3.
Bench Officer: May I call the plaintiff witness no. 3 now?
Judge: Yes, you may call the plaintiff witness no. 3 now.
Bench Officer: Plaintiff witness no.3 …………, are you present?
( Plaintiff Witness’s Role)
Bench Officer: Please come to the witness dock.
Judge: Let the witness be sworn.
Bench Officer: Please repeat me……………. Whatever I say, I say the truth, I shall not say
anything which is untrue.
Judge: Oath is taken.
Judge: learned advocate on behalf of the plaintiff Mr. Abdur Rahman you may take
chief of the witness no. 3.
(Plaintiff’s Advocate’s role)
6. Judge: I have heard the examination-in-chief of the plaintiff witness no.3. Now I would
like to hear the cross examination of witness no. 3. Learned advocate on behalf of the
defendant Mr…………….you may cross the witness now.
(Defendant’s Advocate’s role)
Judge: All the statements of the witnesses have been recorded. Recording evidence on
behalf of the plaintiff side is closed. Our next event is to hear the statements of the
witnesses on behalf of the defendant side. Mr. Bench officer, please call the witness
no.1.
Bench Officer: May I call the defendant witness no. 1 now?
Judge: Yes, you may call the defendant witness no. 1.
Bench Officer: Defendant witness no.1 Ms………………., are you present?
(Defendants Witness’s role)
Bench Officer: Please come to the witness dock.
Judge: Let the witness be sworn.
Bench Officer: Please repeat me……………. Whatever I say, I say the truth, I shall not say
anything which is untrue.
Judge: Oath is taken.
Judge: Learned advocate on behalf of the defendant Mr. ………….., are you ready to take
chief of the witness No. 1.
(Defendant’s Advocate’s role)
Judge: learned advocate Mrs. Israt you may take chief of the witness no. 1 now.
(Defendant’s Advocate’s role)
The examination-in-chief of the defendant witness No. 1 is taken and I have recorded
the examination-in-chief of the defendant witness No.1. Now it’s time to cross examine
witness No. 1.
Learned advocate Mr. ………, are you ready to cross examine the witness.
(Plaintiff’s Advocate’s role)
7. Judge: Learned advocate Mr. ………….., you may cross the witness now.
(Plaintiff’s Advocate’s role)
Judge: The examination-in-chief and the cross examination of the defendant witness
No. 1 is recorded. Our next turn is to take evidences of defendants witness No. 2.
Mr. Bench officer, please call the witness no.2 on behalf of the defendant.
Bench Officer: May I call the defendant witness no. 2?
Judge: Yes, you may call the defendant witness no. 2 now.
Bench Officer: Defendant witness no.2 Mr……………, are you present?
(Defendants Witness Role)
Bench Officer: Please come to the witness dock.
Judge: Let the witness be sworn.
Bench Officer: Please repeat me……………. Whatever I say, I say the truth, I shall not say
anything which is untrue.
Judge: Oath is taken.
Judge: Learned advocate on behalf of the defendant Mr. ……….., are you ready to take
chief of the witness No. 2.
(Defendant’s Advocate’s role)
Judge: learned advocate Mr. ……… you may take chief of the witness no. 2 now.
(Defendant’s Advocate’s role)
The examination-in-chief of the defendant witness No. 2 is taken and I have recorded
the examination-in-chief of the defendant witness No.2. Now it’s time to cross examine
witness No. 2. Learned advocate Mr. ………….., are you ready to cross the witness.
(Plaintiff’s Advocate’s role)
Learned advocate Mr. ………….., you may cross the witness now.
(Plaintiff’s Advocate’s role)
8. Judge: The examination-in-chief and the cross examination of the defendant witness
No. 2 is recorded. Our next turn is to take evidences of defendant witness No. 3.
Mr. Bench officer, please call the witness no.3 on.
Bench Officer: May I call the defendant witness no. 3 now?
Judge: Yes, you may call the defendant witness no. 3.
Bench Officer: Defendant witness no.3 Mr………….., are you present?
(Defendants Witness Role)
Bench Officer: Please come to the witness dock.
Judge: Let the witness be sworn.
Bench Officer: Please repeat me……………. Whatever I say, I say the truth, I shall not say
anything which is untrue.
Judge: Oath is taken.
Judge: Learned advocate on behalf of the defendant Mr. …………, are you ready to take
chief of the witness No. 3.
(Defendant’s Advocate’s role)
Judge: learned Advocate Mr. ………., you may take chief of the witness no. 3 now.
(Defendant’s Advocate’s role)
The examination-in-chief of the defendant witness No. 3 is taken and I have recorded
the examination-in-chief of the defendant witness No.3. Now it’s time to cross examine
the witness No. 3.
Learned advocate Mr. ………….., are you ready to cross the witness.
(Plaintiff’s Advocate’s role)
Learned advocate Mr. ………….., you may cross the witness now.
(Plaintiff’s Advocate’s role)
Judge: All the statements of the witness have been recorded. The taking evidence on
behalf of the plaintiff and defendant side is closed. Our next turn is to hear the
9. argument from plaintiff and defendant side. Learned advocate on behalf of the plaintiff
Mr. ……….., are you ready to submit your argument..
(Plaintiff’s Advocate’s role)
Learned advocate Mr. ………..you may submit your argument.
(Plaintiff’s Advocate’s role)
Judge: I heard the argument of learned advocate Mr. ……….. on behalf of the plaintiff.
Now I would like to hear the argument of the defendant side. Learned advocate Mr.
………..on behalf of the defendant are you ready to submit your argument
(Defendant’s Advocate’s role)
Learned advocate Mr. ………… you may proceed with your argument now.
( Finish it with pronouncing of judgment).