Civil Litigation in Bangladesh:

Civil Litigation in Bangladesh

The expression “Civil Litigation” covers all litigations in which a Citizen asserts rights conferred by civil laws ad the remedies thereof. The Civil Litigation is complex in its proceedings since different branches of laws are interrelated. 

As per Black’s Legal Dictionary, the word “Civil” means “relating to provide rights and remedies sought by civil actions as contrasted with criminal proceedings.” A suit is of civil nature where its object is the enforcement of a civil right or obligation. Some examples of civil suits: 

  • Suit relating to the rights of property
  • Suit relating to the rights of worship 
  • Suit for damage for civil wrong 
  • Suit for compensation for breach of contract 
  • Suit for specific performance of contracts 
  • Suits for restitution of conjugal rights or dissolution of marriage 
  • Suit for rents or eviction of tenant 
  • Suit for rights of hereditary office 
  • Suit for wrongful dismissal from service 

Stages of Institution of Civil Suit:

The stages of institution of Civil Suits are as follows: 

  1. Submission of Plaint Sheristader 
  2. Examination of the Plaint 
  3. Entry in the filing Register 
  4. Admission of Suit
  5. Entry the suit in the suit register 
  6. Sealed by the Sheristader 
  7. Sending to the Nezarat 
  8. Distribution of the Process
  9. Return of Summons
  10. Peshker Places the Suit before the Judge

Steps of Civil Suit up to Disposal:

The stages of Civil Suit up to disposal as follows: 

  1. Institution of Suit 
  2. Issue of Process 
  3. Service of summons to the Defendants 
  4. Appearance of the Defendants 
  5. Submission of written Statements 
  6. First Hearing 
  7. Framing Issues 
  8. Settling Date of Peremptory hearing 
  9. Summons to the Witness
  10. Recording the deposition of witnesses
  11. Argument 
  12. Pronouncement of Judgement 
  13. Drawing of Decree 
  14. Execution of Decree