Civil Proceedeings: Bangladesh

Civil Proceedings: Bangladesh

Features: It covers all proceedings concerning civil rights of an individual conferred by a civil law.

1. Adversarial process: The civil litigation in Bangladesh is essentially, adversarial or accusatorial

in nature. The whole process is a contest between two parties, the plaintiff and the defendant.

2. Objective: To enforce the rights of individuals.

3. Standard of proof: Balance of probabilities, more probably true than false. Judgment

goes to that party who success to establish prima facie case before the court.

4. Regulating law: The civil proceedings of Bangladesh regulated under The Code of

Civil Procedure, 1908

5. Related law: The civil proceedings in Bangladesh related with The Evidence Act,

1872, Civil Rules & Orders (CRO) and Civil Suits Instruction Manual.

6. Stages: There are FIVE stages in the civil proceeding in Bangladesh.

6.1 Pre-proceeding Stage

6.2 Proceeding Stage

6.3 Trial Stage

6.4 Judgment Stage

6.5 Post Trial or Enforcement and Execution Stage

7. Authority involved: The Civil Courts of Bangladesh.

6.1 Pre-processing Stage:

6.1.1 Alternative Dispute Resolution (ADR),

6.1.2 Arbitration, (Arbitration Act, 1940)

6.1.3 Conciliation, and

6.1.4 Mediation

6.2 Proceeding Stage:

6.2.1 Institution of suit or Submission of plaint:

Every suit shall be instituted by a presentation of a plaint [Sec-26, CPC], where it should contain the details of the parties involved, the facts that constituting the cause of action, the relief which the plaintiff claims, along with a statement of the value of the suit for the purpose of jurisdiction and the payment of cost involves so far as the case admits. [Order-VII, CPC]

2. Issue of process and service of...