The document outlines the provisions of Act No. 5 of 1908, detailing definitions and classes of decrees, procedural rules for civil suits, and the requirements for judgments and appeals. It includes specifics on jurisdiction, execution of decrees, and guidelines for various orders, including injunctions and suits by or against the government. Additionally, it covers critical aspects of legal representation, pleadings, and the implications of misjoinder in civil proceedings.

1. Act No. 5 of 1908
Coming into force on 1st January 1909

3. Sec. 2(2) defines decree
Elements of decree:
- formal expression of an adjudication in a
suit
- adjudication of the rights of the parties
with regard to all or any of the matters in
controversy
- conclusive determination of the rights
Rejection of plaint and determination of any
question under sec.144 of CPC is decree.

4. The decision which is not decree: O. 7 R. 10
(return of plaint), order remanding suit for
fresh disposal, order refusing to reject the
plaint, abatement of appeal for non
prosecution, order allowing preemption under
sec. 96 of SAT Act etc
Classes of decree:
i. preliminary decree
ii. Final decree
iii. Partly preliminary and partly final
decree

5. Decree shall contain:
- name of the parties
- name of the court
- number of the suit
- schedule of the property
- relief granted
- amount of costs incurred in the suit etc

6. Sections 2 (3): decree holder
Sections 2 (9): judgement
Sections 2 (10): judgement debtor
Sections 2 (11): legal representative
Sections 2 (12): mesne profit
Sections 2 (14): order
Sections 2 (15): pleader
Sections 2 (8): judge

7. Section 10 relates to the stay of suit. It
narrates the nature of res sub judice.
This is a mandatory provision once
conditions are fulfilled then subsequent
suit must be stayed.

8. Section deals with the doctrine of res
judicata.
This section prohibits adjudication of the
same issue between the same parties
more that once.
The doctrine of res judicata is question of
facts and law.
The doctrine of res judicata is treated as
estoppel by record.

9. Section 13: foreign judgement not conclusive
Sec. 14: shall presumption as to foreign
judgment.
Sec. 15: every suit shall be instituted in
the lowest grade of competent jurisdiction
Sec. 16: suit to be instituted where subject
matter situated
Sec. 17: if the immovable property situate
within the jurisdiction of different court
may institute in any of such Court.

10.  Sec. 18: place of institution of the suit where
local limit of jurisdiction of the court are
uncertain, any of these court may record
statement and entertain the suit.
 Sec. 19: suit for compensation of wrong to
person and movable, may file where cause
action arise, or the def. resides or work for gain
 Sec.20: A is a trades man in dhaka. B carries
on business on ctg. B by his agent in dhk buys
gods of A and request to deliver them to the BD
biman. A deliver the gods accordingly. A may
sue for the price against B in dhk where cause
of action arisen, or ctg where B carries on
business.
 Sec. 21: no objection to jurisdiction

11.  It relates to the general power of transfer or withdrawal.
 Grounds of transfer:
-reasonable apprehension of not getting justice
- bias
- common question of fact and law in two suits (such
as application for analogous or simultaneous trial)
- conflicting decision and multiplicity of proceeding (
such as application for analogous or simultaneous trial)
- convenience of parties

12.  Sec. 35: determination of costs is full discretionary
power of the court (subject to the limitation
prescribed)
 Sec. 35A: compensatory costs in respect of false
and vexatious claims and defenses may extend up
to 20,000 taka.
 Sec. 38: a decree may be executed by the court
which passed it or send it to another court.
 The court which passed it may on the
application of the decree holder send it for
execution to another court under s. 39
 Sec. 48: limitation for filing execution of decree
is 12 years.

13.  These sections relate to arrest and detention of the
judgement debtor
 The judgement debtor may be arrested in execution of
decree and sent him or civil prison under s. 55
 Prohibition of arrest and detention of women in execution
of decree for money, s. 56
 Maximum period of detention is 6 months for above tk.
50, in other cases 6 weeks. S. 58
 He shall be released by paying amount, on request of the
person who applied for his detention (s.58), release on
the ground of illness (s. 59)

14. These sections deals with attachment
S. 60 mentions which property is liable to
attachment and which is not
S. 61, partial exemption of agricultural
produce
After sunset and beore sunrise entering
into dwelling house is prohibited, s. 62

15.  These sections deal with suit by or against govt.
 A suit may be instituted against govt. after
expiration of 2 months next after delivering
notice (s. 80)
 If no such notice is given court shall not
allow less than 3 months to govt. to submit
WS (s. 80)
 S. 81: exemption of arrest and personal
appearance

16. An appeal shall lie from every decree
passed by any court exercising original
jurisdiction including ex parte unless such
right is denied by other law. (s. 96)
 no appeal shall lie against a decree
passed by the consent of the parties. (s.
96)
S. 104 deals with the order from which
appeal lies.

17. Sec. 107: Power of Appellate Court
- to determine a case finally
- to remand case (O.43, R. 23)
- to frame issue and refer them for trial
- to take additional evidence (O.41, R. 27)

18.  A appeal shall be filed by presentation of
memorandum containing the grounds of
objection. (R. 1)
 Failing which it may be rejected or returned for
amendment (R. 3)
 The appellant is required to file an application
praying for stay of execution of the decree and it
is discretionary power of the court to accept or
refuse it (R. 5)
 Security in case of order for execution of decree
appealed from (R. 6)

19.  dismissed for default (R. 17)
 Appeal heard ex parte ( R. 17)
 Re-admission of appeal DD (R. 19)
 Directly re-admit appeal to avoid delay (R. 19A)
 Power to adjourn hearing and direct persons
appearing interested to be made respondents (R.
20)
 If the court satisfied can re-hear the appeal passed
ex parte on the application of the respondent (R. 21)
 Directly rehear the appeal for avoiding delay (R.
21A)

20. The judgement shall pronounce after giving
opportunities to the parties (R. 30)
The judgement may be confirming, varying or
reversing the decree which the appeal is
preferred (R. 32)
Certified copies of judgement and decree to
be furnished to the parties (R. 36)
***** Order 43

21.  Appeal from DJ and ADJ shall lie to HCD (s. 20
of Civil Courts Act)
 Appeal from orer or decree of JDJ where value
of original suit did not exceed 5 lac shall lie to the
DJ (s. 21 ibid)
 where value is exceeding 5 lac to the HCD (ibid)
 Appeal from and decree and order of senior
assistant judge or assistant judge shall lie to the
DJ (s. 21)

23.  An aggrieved person can file an application for revision to
the HCD against the decree or order (where no appeal
lies) passed by DJ or ADJ []s.115(1)
 To the DJ against the decree or order passed by
assistant judge or senior assistant judge or joint district
judge [s. 115(2)]
 If the lower court have committed error of law resulting
error in the in such decree or order occasioning failure of
justice
 Second revision can be made to the HCD if it grants
leave for revision on an error of an important question of
law resulting in erroneous decision occasioning failure of
justice [s.115(4)]

24. Section 122: The supreme court has the
power to make rules for each division and
the procedure of civil courts.
S. 135: no judge, magistrate and other
judicial officer hall be liable to arrest under
civil process while going to, presiding in, or
returning from his court.
S. 142: All orders and notice given shall be
in writing

26.  R. 1 & 3: who may be joined as plaintiffs & defendants –
simply the persons who brought separate suits or suit
were brought against such persons any common
question of fact and law would arise
 Only on the ground of misjoinder and non- joinder of
party, the suit shall not be defeated (R.9), and objection
as to such shall be taken at earliest possible time (R. 13)
 R. 10:
- suit in the name of wrong plaintiff, if court thinks
just shall add or substitute other person as plf
- court may at any stage of the trial strike out and
add parties.

27.  suit shall include whole claim, R. 2
 A lets a house to B at yearly rent f tk. 5000. rent
for whole the year 2010, 2011, 2012 is due and
unpaid. A in 2013 sue for only rent of 2010. a
shall not afterwards sue for the rent due for 2011
and 2012 (R. 2)
 Plf may unite the joinder of cause of action
against def. (R. 3)
 All objection of misjoinder of cause of action
shall be taken at earliest possible opportunities
(R. 7)

28.  Pleadings shall mean plaint or written statement (R. 1)
 Pleadings shall contain material facts not law and
evidence and it should be concise (R. 2)
 Every particulars necessary shall be stated (r. 4)
 Every pleading shall be signed by the party or his
authorised agent if necessary and by pleader (R. 14)
 The document if necessary to state shall state precise
and concise way (R. 9)
 R. 15: verification of pleadings, shall be signed and
dated by person who making it at the foot of the
pleadings.
 The court may strike out or amend any matter in
pleadings which is necessary (R. 16)
 R. 17: the court may amend the pleadings at any stage of
the trial unless it changes the nature of the suit.

29.  R. 1: The plaint shall contain name of the court;
name, description, place of residence of the plaintiff
and defendant, cause of action, jurisdiction of the
court, value of the subject matter, court fees paid.
 R. 3: if he subject mater of the suit is immovable
property, then plaint shall contain a description of
the property and specify the boundaries or number
 The defendant interest and liability shall show
(R. 5)
 Every relief shall be specifically stated (R. 6)
 R. 10: Return of plaint
- If the court has no jurisdiction either pecuniary or territorial can
return the plain.

30.  R. 11: rejection of plaint
- no cause of action
- relief claimed is undervalued
- insufficient stamp
-barred by any law
*** where evidence is required to establish plea of res
judicata, the rejection of plaint on the ground of res
judicata can not be sustained.
*** the time fixed for the correction of the valuation or
supplying of the requisite stamp shall not exceed 21
days
 R. 13: rejection of plaint doesn’t preclude
presentation of fresh plaint.

31. R. 2: new fact must be specifically pleaded
R. 3 denial to be specific
R. 6: set-off, demand ascertain sum of
money

32.  R. 2: dismissal of the suit where summons not
served in consequences of plaintiffs failure to
pay
 R. 3: where neither party appears suit to be
dismissed
 R. 4: dismissal under r. 2, 3 plf may file fresh suit
or court may restore the suit
 R. 6: when plf appears but def does not and
summons duly served court may proceed ex
parte

33.  R. 8: when plf does not appear but def appear,
suit shall be dismissed
 R. 9: under r. 8 suit is dismissed, the plf has bar
to file fresh suit, but can apply for set aside
dismissal order.
 R. 9A: court may directly set aside the dismissal
order with cost of not exceeding TK.1000
 R. 13: setting aside ex parte decree
 R. 13A: directly setting aside ex parte with costs
of not exceeding TK. 3000 within 30 days of
date of decree passed.

34. Order 10: Examination of parties by the
court
Order 11: Discovery and inspection
Order 12: Admission

35. Order 14: it relates to the framing of issues
and other related matters
Order 15: disposal of the suit at the first
hearing
Order 16: summons and attendance of the
witness
Order 17: adjournment

36.  Order 18: hearing of the suit and examination of
the witnesses
 Order 19: affidavit
 Order 20: judgement and decree
 Order 21: execution of decree and order
 Order 22: it deals with death of the parties and
other related matter
- R. 1,2,3,4 and r.9(effect of abatement), r.
9A (directly setting aside abatement) are
important

37. R. 1: the plaintiff may withdraw the suit at
any time after institution of the suit
R. 2: to institute a fresh suit the plf shall be
bound by law of limitation
R. 3: compromise of the suit

38. Or. 26 R. 9: commission to make local
investigation
The report of the commissioner is to be
evidence in suit, and the commissioner
may be examined in open court by the
parties (O. 26 R. 10)
O. 26 R. 20: application for commission to
the HCD
Order. 27: suit by or against govt.

39. Order 32: suit by or against minors and
unsound person shall be instituted by his
next friend (r. 1 & 15)
Order 33: suit may be instituted by pauper,
pauper means to unable to pay the fee
prescribed by law for plaint in such suit or
who is not entitled to worth TK. 5000

40.  1. The plaintiff claims no interest to the subject
matter but 2. defendants claim adversely to one
another and 3. there is no collusion between
plaintiff and defendant and 4. plaintiff is ready to
pay or deliver property to one of the defendant
(R. 1)
 When a person deposit money to a bank and
there is dispute between him and other for
ownership, bank can file an interpleader suit

41. R. 1: cases in which temporary injunction
be granted :-
i. any property in dispute is in danger of
being wasted alienated damaged, or
wrongfully sold in the execution of decree
ii. Defendants threatens or intends to
remove or dispose of his property
iii. Court can grant temporary injunction
iv. Application as to make by affidavit

42. R. 2: the order granted under r. 1 , if breach
of such order or order continues court may
order to furnish security or attachment of
the property not more then 1 year or sold
the property, pay the balance or give him
civil prison not more than 6 months
R. 4: order for injunction may be
discharged, varied or set aside on the
application made by the parties dissatisfied
R. 7: inspection of the subject matter.

43. Order 40: appointment of receiver
order 47: review