Civil Procedure Code Jurisdiction in Bangladesh

Jurisdiction

• The Code of Civil Procedure, 1908 (CPC) in Bangladesh outlines the jurisdiction of civil courts.
• Section 9 of CPC states that every suit shall be instituted in the court of the lowest grade competent to try it.
• Jurisdiction is determined by the value of the subject matter, with higher value suits going to higher courts.
• Section 15 of CPC provides for the jurisdiction of High Courts in certain cases, such as those involving constitutional matters or high-stakes disputes.

Appeals

• Appeals under CPC in Bangladesh are governed by Order 41 and 42.
• Appeals can be filed against decrees, including those related to judgments, orders, and interim orders.
• The period of limitation for filing an appeal is 30 days from the date of the decree or order.
• Appeals can be filed in the High Court or the Supreme Court, depending on the nature of the case.
• The appellate court has the power to confirm, reverse, or modify the decree or order appealed against.

Execution of Decrees

• Execution of decrees in Bangladesh is governed by Order 21 of CPC.
• A decree-holder can apply for execution of a decree within 12 years from the date of the decree.
• The court can execute a decree by:
  • Delivery of property
  • Arrest and detention of the judgment debtor
  • Attachment and sale of property
  • Appointment of a receiver
• The court can also issue a warrant to seize the property of the judgment debtor.

Evidence

• Evidence in civil proceedings in Bangladesh is governed by the Evidence Act, 1872, and Order 16 of CPC.
• The Evidence Act outlines the rules of evidence, including those related to burden of proof, admissibility of evidence, and witness testimony.
• Order 16 of CPC provides for the production and inspection of documents, as well as the examination of witnesses.
• The court has the power to summon witnesses and documents, and to issue commissions for the examination of witnesses or for the inspection of documents.

Jurisdiction

• The Code of Civil Procedure, 1908 (CPC) outlines the jurisdiction of civil courts in Bangladesh.
• Section 9 of CPC states that every suit shall be instituted in the court of the lowest grade competent to try it.
• Jurisdiction is determined by the value of the subject matter, with higher value suits going to higher courts.
• Section 15 of CPC provides for the jurisdiction of High Courts in certain cases, such as those involving constitutional matters or high-stakes disputes.

Appeals

• Appeals under CPC in Bangladesh are governed by Order 41 and 42.
• Appeals can be filed against decrees, including those related to judgments, orders, and interim orders.
• The period of limitation for filing an appeal is 30 days from the date of the decree or order.
• Appeals can be filed in the High Court or the Supreme Court, depending on the nature of the case.
• The appellate court has the power to confirm, reverse, or modify the decree or order appealed against.

Execution of Decrees

• Execution of decrees in Bangladesh is governed by Order 21 of CPC.
• A decree-holder can apply for execution of a decree within 12 years from the date of the decree.
• The court can execute a decree by:
  • Delivery of property
  • Arrest and detention of the judgment debtor
  • Attachment and sale of property
  • Appointment of a receiver
• The court can also issue a warrant to seize the property of the judgment debtor.

Evidence

• Evidence in civil proceedings in Bangladesh is governed by the Evidence Act, 1872, and Order 16 of CPC.
• The Evidence Act outlines the rules of evidence, including those related to burden of proof, admissibility of evidence, and witness testimony.
• Order 16 of CPC provides for the production and inspection of documents, as well as the examination of witnesses.
• The court has the power to summon witnesses and documents, and to issue commissions for the examination of witnesses or for the inspection of documents.

Jurisdiction

• The Code of Civil Procedure (CPC) in Bangladesh determines the jurisdiction of civil courts based on the subject matter of the suit, the value of the suit, and the territorial jurisdiction.
• The CPC also defines the jurisdiction of the High Court Division and the Appellate Division of the Supreme Court.

Appeals

• The CPC allows for appeals against judgments and orders of civil courts.
• Appeals against decrees are governed by Section 96 of the CPC, while appeals against orders are governed by Section 104.
• Second appeals can be filed with the High Court Division, and final appeals can be filed with the Appellate Division of the Supreme Court.
• The time limit for filing appeals is 30 days, extendable by 30 days with court permission.

Execution of Decrees

• A decree is a court order that conclusively determines the rights of parties in a dispute.
• The CPC outlines the process of executing decrees, including enforcing court judgments.
• Section 36 of the CPC allows a decree to be executed by the court that passed it or by the court to which it was sent for execution.
• Execution modes include delivering possession, attaching property, and arresting and detaining judgment debtors.

Summons

• A summons is a legal document issued by a court to summon a defendant to appear.
• Section 27 of the CPC governs the issuance of summons in civil suits.
• A summons must be served on the defendant according to CPC rules.
• Consequences of non-appearance include the court's power to proceed ex parte and pass a decree.