The primary object of this assignment is to offer a systematic study of the Civil Law Legal System. An attempt has been made to examine what is civil law legal system, historical basics of civil law legal system, common types of legal system to the world, salient features of civil law legal system, differentiation from other major legal systems, modern Common and Civil Law Systems, countries following Civil or Common Law, a comparative study between Common Law and Civil Law Systems, Civil Courts and their Jurisdictions in Bangladesh, Hierarchy of Civil Courts in Bangladesh, Pecuniary Jurisdiction of Civil Courts in Bangladesh...

1. COURSE CODE: “COL 356”
COURSE TITLE: “COMPARATIVE LAW”
DATE OF SUBMISSION: OCTOBER 15, 2017
SUBMITTED BY: SUBMITTED TO:
ARNAB K DAS
ID: LLB 00305037
Department of Law
Port City International University
Email: arnab@legislator.com
Advocate Avijit Chowdhury
Lecturer,
Department of Law
Port City International University
Chittagong, Bangladesh
Remarks/Grade
CC/CT Signature:
Date: October 15, 2017
Student Signature/Date:
Assignment submitted for the fulfillment of the requirements for the Course of the “COL 356 -
Comparative Law” under the Program of Bachelor of Laws (LL. B. Hon's) at Port City International
University, South Khulshi, Chittagong, Bangladesh.
SUBMISSION OF ASSIGNMENT
THE CIVIL LAW LEGAL SYSTEM

2. APPLICATION FOR SUBMISSION OF ASSIGNMENT
October 15, 2017
The Course Conductor/Teacher
The Comparative Law
Department of Law
Port City International University
South Khulshi, Chittagong.
Subject: Prayer for submission of assignment.
Sir,
With beg most respectfully and humble submission that, in respect of your prescribed
Assignment I have prepared an assignment on the “Civil Law Legal System” enclosed
here with.
I, hereby request that a proper feedback may please be taken in favour of me as soon
as possible and grant my prayer by giving me your kind permission to submit the
assignment and oblige thereby.
I will be very glad if the assignment can serve its actual purpose and I am ready to
explain anything to you if necessary. If you have any further enquiry concerning any
additional information I would be very pleased to clarify that.
I shall be highly encouraged if you are kind enough to receive this report.
Yours faithfully,
ARNAB KUMAR DAS
ID: LLB 00305037
Department of Law
Port City International University
Email: arnab@legislator.com

3. Contents of Assignment
SL. Topic to be discussed Page No. Remarks
1 Acknowledgement 1
2 Abstract 2
3 What is Civil Law? 2
4 What the Civil Law is? 3
5 Some Salient Features of the Civil Law 3
6 Where we find the Civil Law? 3
7 History of Civil Law 4
8 Differentiation from other major Legal
Systems
5-6
9 Modern Common and Civil Law
Systems
7
10 Countries following Civil or Common
Law
7
11 Legal Representation 8
12 Differences between Common Law and
Civil Law Systems
9
13 Historical Background of the Law of
Civil Procedure in Bangladesh
9
14 Structure/Formation of the Code of Civil
Procedure, 1908
10
15 Law/Act /Code relating to Civil matter 10
16 Civil Courts and their Jurisdictions in
Bangladesh
10
17 Subordinate Civil Courts under the
General Hierarchy
11
18 Civil Cases 11
19 Jurisdiction (Pecuniary) of Civil Courts
in Bangladesh
12
20 Different Stages of Civil Suit 13
20.1 Pre-trial Stage 13-16
20.2 Trial Stage 16
20.3 Post-trial Stage 16-17
21 Recommendation for Development 18-19
22 Conclusion 20
23 Bibliography 21

4. Acknowledgement
I, ARNAB KUMAR DAS, ID: LLB 00305037, student of Bachelor of Laws, 12th
Trimester of Port City International University (PCIU), South Khulshi, Chittagong,
Bangladesh would like to pay my sincere gratitude towards our Course Conductor
Advocate Avijit Chowdhury for prescribed an Assignment on “The Civil Law Legal
System” for the fulfillment of the requirements for the Course of the “COL 356 -
Comparative Law” under the Program of Bachelor of Laws (LL. B. Hon's) at Port City
International University.
ARNAB KUMAR DAS
Date: October 15, 2017
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5. Abstract Page-2
The primary object of this assignment is to offer a systematic study of the Civil Law
Legal System. An attempt has been made to examine what is civil law legal system,
historical basics of civil law legal system, common types of legal system to the world,
salient features of civil law legal system, differentiation from other major legal
systems, modern Common and Civil Law Systems, countries following Civil or
Common Law, a comparative study between Common Law and Civil Law Systems,
Civil Courts and their Jurisdictions in Bangladesh, Hierarchy of Civil Courts in
Bangladesh, Pecuniary Jurisdiction of Civil Courts in Bangladesh.
What is the Civil Law?
The modern legal systems of the world are usually based on one of three essential
systems such as Common Law, Civil Law and Religious Law, or combinations of
these. However, the legal system of every country is shaped by its exclusive history
and so incorporates individual variations. Common law is the most widespread system
of law around the world, being employed by the most number of people and the
world’s jurisdictions, while Civil law is the most widespread by landmass.
Civil Law, Civilian Law, or Roman law is a legal system originating in Europe,
intellectualized within the framework of late Roman law. Civil Law systems, also
called Continental or Romano-Germanic legal systems are found on all continents and
cover about 60% of the world. They are based on concepts, categories, and rules derived
from Roman law, with some influence of canon law, sometimes largely supplemented
or modified by local custom or culture.
The words civil law describes the law that pertains to persons, things, and relationships
that develop among them, excluding not only criminal law, but also commercial law,
Labor Law, etc.
This can be contrasted with common law systems whose intellectual framework comes
from judge made decisional law which gives precedential authority to prior court
decisions on the principle that it is unfair to treat similar facts differently on different
occasions (doctrine of judicial precedent, or stare decisis)[1][2]
[1]
Washington Probate, “Estate Planning & Probate Glossary”, Washington (State) Probate, S.
V. “Common Law”, [htm], 8 Dec. 2008, retrieved on 7 November 2009
[2]
Charles Arnold-Baker, The Companion to British History, S. V. “English Law” (London:
Loncross Denholm Press, 2008), 484
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6. Page-3
What the Civil Law is?
• A comprehensive system of rules and principles usually arranged in codes and
easily accessible to citizens and jurists.
• An well organized system that favors cooperation, order, and predictability,
based on a logical and dynamic taxonomy developed from Roman law and
reflected in the structure of the codes.
• An adaptable system, with civil codes avoiding excessive detail and containing
general clauses that permit adaptation to change.
• A primarily legislative system, yet leaving room for the judiciary to adjust rules
to social change and new needs, by way of interpretation and creative
jurisprudence.
Some Salient Features of the Civil Law
• Clear expression of rights and duties, so that remedies are self-evident.
• Simplicity and accessibility to the citizen, at least in those jurisdictions where it
is codified.
• Advance disclosure of rules, silence in the code to be filled based on equity,
general principles, and the spirit of the law.
• Richly developed and to some extent transnational academic doctrine inspiring
the legislature and the judiciary.
Where we find the Civil Law?
• In Continental Europe, where most jurisdictions have civil codes. In Great
Britain, Scotland has retained an uncodified form of the civil law. Even when
they have civil codes, Scandinavian countries are not regarded as civil law
jurisdictions.
• In North America, civil codes are found in Louisiana and Quebec.
• In Central and South America, almost all countries have civil codes.
• In Asia, many countries have received the civil law and have civil codes, such as
Indonesia, Japan, Kyrgyzstan, and Lebanon.
• Countries of Africa that once were colonized by continental European nations
have kept many aspects of the civil law traditions. The Civil Code of Egypt has a
significant influence in Africa and the Middle East, whilst the Roman-Dutch law
applied in South Africa was never codified.
• Some remnants of the civil law traditions are to be found on some Pacific
islands, especially in the French territories of New Caledonia or Tahiti.
• In mixed jurisdictions, chiefly found in America, Africa, and Asia, but also in
Europe, the civil law coexists with other legal traditions such as the common law,
customary law, or Islamic law.
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7. Page-4
History of Civil Law
The civil law takes as its major inspiration classical Roman law (c. AD 1–250), and in
particular Justinian law (6th century AD), and further expounding and developments in
the late Middle Ages under the influence of canon law.[12]
The Justinian Code's doctrines provided a sophisticated model for contracts, rules of
procedure, family law, wills, and a strong monarchical constitutional system.[13]
Roman law was received differently in different countries. In some it went into force
wholesale by legislative act, i.e. it became positive law, whereas in others it was
diffused into society by increasingly influential legal experts and scholars.
Historians believe that the Romans developed civil law around 600 C. E. when
the emperor Justinian began compiling legal codes. Current civil law codes developed
around that Justinian tradition of codifying laws as opposed to legal rulings.
Common law dates to early English monarchy when courts began collecting and
publishing legal decisions. Later, those published decisions were used as the basis to
decide similar cases.
[12]
“Roman Law and Its Influence” - Infoplease.com. Retrieved 2011-08-18
[13]
Kenneth Pennington, “Roman and Secular Law in the Middle Ages”, Medieval Latin: An
Introduction and Bibliographical Guide, edd. F. A. C. Mantello and A. G. Rigg (Washington,
D. C.: Catholic University Press of America, 1996), 254-266; [html], available at [2], retrieved
27 August 2011
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8. Page-5
Differentiation from other major Legal Systems
The table below contains essential disparities (and in some cases similarities)
between the world's four major legal systems.[7]
Common law Civil Law Socialist Law Islamic Law
Other
Names
Anglo-American,
English, judge-
made, legislation
from the bench
Continental,
Romano-
Germanic
Social Religious law,
Sharia
Source of
Law
Case law,
statutes/legislation
Statutes/legisl
ation
Statutes/legislati
on
Religious
documents
Lawyers Judges act as
impartial referees;
lawyers are
responsible for
presenting the case
Judges
dominate trials
Judges dominate
trials
Secondary role
Judge’s
Qualificatio
ns
Career lawyers
(appointed or
elected)
Career judges Career
bureaucrats,
Party members
Religious as
well as legal
training
Degree of
judicial
independen
ce
High High; separate
from the
executive and
the legislative
branches of
government
Very limited Ranges from
very limited to
high [8]
Juries Provided at trial
level
May
adjudicate in
conjunction
with judges in
serious
criminal
matters
Often used at
lowest level
Allowed
in Maliki schoo
l not allowed in
other schools
Policy-
making
role
Courts share in
balancing power
Courts have
equal but
separate
power
Courts are
subordinate to
the legislature
Courts and
other
government
branches are
theoretically
subordinate to
the Shari’a. In
practice, courts
historically
made the

9. Shari’a, while
today, the
religious courts
are generally
subordinate to
the executive.
Examples Australia,
UK (except
Scotland), India,
Cyprus, Nigeria,
Ireland, Singapore,
Hong Kong, USA
(except Louisiana),
Canada (except
Quebec),
New Zealand,
Pakistan, Malaysia,
Bangladesh
All European
Union states
(except the
UK and
Ireland) and
European
states, all of
continental
South and
Middle
America
(except
Guyana and
Belize),
Quebec, all of
East Asia
(except Hong
Kong), Congo,
Azerbaijan,
Kuwait, Iraq,
Russia,
Turkey,
Egypt,
Madagascar,
Lebanon,
Switzerland,
Indonesia,
Vietnam,
Thailand
Soviet
Union, China, C
uba
Many Muslim
countries have
adopted parts
of Sharia Law.
Examples
include Saudi
Arabia,
Afghanistan,
Iran, UAE,
Oman, Sudan,
Malaysia,
Pakistan and
Yemen.
[7]
Neubauer, David W. and Stephen S. Meinhold. Judicial Process: Law, Courts, and Politics in
the United States. Belmont: Thomson Wadsworth, 2007, Page 28
[8]
Makdisi, John A. (June 1999), "The Islamic Origins of the Common Law", North Carolina
Law Review, 77 (5): 1635-1739
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10. Page-7
Modern Common and Civil Law Systems
Today the difference between common and civil legal tenets lies in the actual source
of law. Common law systems make refer extensively to statutes, but judicial cases are
considered the most important source of law, allowing judges to pro-actively
contribute to rules.
For example, the elements needed to prove the crime of murder are contained in case
law rather than defined by statute. For consistency, courts abide by precedents set by
higher courts examining the same issue.
In civil-law systems on the other hand, codes and statutes are designed to cover all
eventualities and judges have a more limited role of applying the law to the case in
hand. Past judgments are no more than loose guides. When it comes to court cases,
judges in civil-law systems are more like investigators, while their equivalents in the
common-law systems are rather arbiters between parties presenting arguments.
Countries following Civil or Common Law
Civil Law Countries
Civil law countries include all of
South America (except Guyana),
almost all of Europe (including
Germany, France, and Spain), China,
and Japan.
South Africa, Namibia, Botswana, and
Zimbabwe are bijuridical, i. e. they follow a
combination of both legal systems.
Common Law Countries
The United States,
Canada, England, India & Australia
are generally considered common
law countries
Because they were all once subjects or
colonies of Great Britain, they have often
retained the tradition of common law. The
state of Louisiana in the United States uses
bijuridicial civil law because it was once a
colony of France.
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11. Page-8
Legal Representation
• In both civil and common law countries, lawyers and judges play an important
role.
• However, in civil law countries, the judge is usually the main investigator, and
the lawyer's role is to advise a client on legal proceedings, write legal pleadings,
and help provide favorable evidence to the investigative judge.
• In common law, the judge often acts as a referee, as two lawyers argue their
side of the case. Generally, the judge and sometimes a jury, listen to both sides
to come to a conclusion about the case.
An interactive Map of the Legal Systems of the World
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12. Page-9
Differences between Civil Law and Common Law Legal Systems
We can make some distinctions between these two systems under the following
headings:
✓ Civil law is codified law, whereas common law is judges made law;
✓ In civil law legal system, judicial decision is not important, but in common law
legal system, judicial decision is most important;
✓ Civil law based on statute or statutory laws, whereas common law based on
legislation, written provisions, judicial decision, principle of law, custom, etc.
✓ In civil law legal system, custom is not played an important role, whereas in
common law legal system, custom has played an important role;
✓ In civil law legal system, there is no place for precedent, but in common law legal
system follows precedent and it has an important part;
✓ In Civil law legal system, it is not possible to provide equitable relief properly,
but common law grants equitable relief;
✓ In civil law legal system, criteria or concept of the Rule of Law is not maintaining
fully, but in common law legal system, criteria or concept of Rule of Law is
maintaining fully;
✓ European country, like French, Italy, Jerman, etc. follows the civil law legal
system, whereas USA, UK, Canada, India, Bangladesh, Pakistan, etc. follows the
common law legal system.
Historical Background of the Law of Civil Procedure in Bangladesh
Before 1859, there was no uniform Code of Civil Procedure. There were different
systems of civil procedure in different parts of the country. The first uniform Code of
Civil procedure was enacted in 1859. But that Code was also not made applicable to the
Supreme Courts in the Presidency Towns and to the Presidency Small Cause Courts.
Some amendments were made therein and the Code was applied to the whole of British
India, but there were many defects in it, and therefore, a new Code was enacted in 1887.
Again, another Code was enacted in 1882, which was also amended from time to
time. In 1908, the present Code of Civil Procedure was enacted. It was amended by two
important Amendment Acts of 1951 and 1956.
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13. Page-10
Structure/Formation of the Code of Civil Procedure, 1908
✓ Preamble: An Act to consolidate and amend the laws relating to the Procedure of
the Courts of Civil Judicature.
✓ WHEREAS it is expedient to consolidate and amend the laws relating to the
procedure of the Courts of Civil Judicature.
✓ 155 Sections: The Code of Civil Procedure, 1908 has 155 Sections.
✓ 50 Orders and Rules: The Code of Civil Procedure, 1908 has 50 Orders and
Rules.
Law /Act /Code relating to Civil matter
• The Code of Civil Procedure, 1908 (Act No. V of 1908)
• The Limitation Act, 1908 (Act No. of 1908)
• The Civil Courts Acts, 1887 (Act No. XII of 1887)
• The Civil Rules and Regulations 1887 ()
• The Court Fees Act, 1870 (Act No. of 1870)
• The Suit Valuation Act, 1887 (Act No. of 1887)
• Relevant Law (Civil Nature)
Notice: In the term of Civil Case Practice this 7 subject must be essential.
Civil Courts and their Jurisdictions in Bangladesh
The Code of Civil Procedure, 1908 (Act V of 1908), forms one of the most important
part of the adjective law of Bangladesh, because it contains the law in accordance with
which courts of Civil judicature proceed in the trial of suits and other proceedings
before them.
Subject to the Appellate Jurisdiction of the Appellate Division (AD) of the
Supreme Court of Bangladesh (SCB), the High Court Division (HCD) is the highest
Court of Civil judicature in Bangladesh which has superintendence and control over the
District Court, Civil Court of a grade inferior to that of a District Court and Court of
Small Causes.[1]
[Section...... of Civil Courts Act, 1887]
These Courts include five classes of Civil Courts: (i) The Court of the District Judge;
(ii) The Court of the Additional District Judge; (iii) The Court of the Joint District
Judge; (iv) The Court of the Senior Assistant Judge; and (v) The Court of the Assistant
Judge.
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14. Page-11
Subordinate Civil Courts under the General Hierarchy
The structure of Civil Courts in Bangladesh are as follows:
Under section 3 of the Civil Courts Act, 1887 (Act No. XII of 1887) there shall be 5
classes of Civil Courts in Bangladesh, namely-
** Section 3 was substituted for section 3 by section 2 of the Civil Courts (Amendment), Act,
2001 (Act No. XLIX of 2001)
Civil Cases
In civil cases, the litigation is commenced by a plaintiff (a private person or company or
a public authority) against a defendant. The plaintiff must try to prove the liability of the
defendant on the balance of probabilities.
The sorts of claims arising in the civil courts are typically about contracts (most
common of all), torts (civil wrongs such as the causing a road accident through
negligence, damaging a person's reputation through defamation, or affecting the
enjoyment of their property through causing a nuisance such as by pollution) and land
disputes.
The choice of court depends in most cases on the value of the claim. Claims of lesser
value will start in a County Court. There are 250 County Courts around the country.
They can also deal with divorce and bankruptcy matters. Relatively small claims can be
handled by a Small Claims Procedure.
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The Court of District Judge
The Court of Additional District Judge
The Court of Joint District Judge
The Court of Senior Assistant Judge
The Court of Assistant Judge

15. Page-12
Jurisdiction (Pecuniary) of Civil Courts in Bangladesh
1. The Court of District Judge: It has Original, Appellate, Revisional, Transfer,
Review and Reference Jurisdiction. If suit valuation is more than BDT 5,00,000
then appeal/revision lies to the High Court Division (HCD)
2. The Court of Additional District Judge: It has same powers as to the District
Judge but can exercise his power only if the District Judge refers any matter to
him;
3. The Court of Joint District Judge: It has jurisdiction if the suit valuation is
from BDT 4,00,001 up-to unlimited;
4. The Court of Senior Assistant Judge: It has jurisdiction if the suit valuation is
from BDT 2,00,001 up-to BDT 4,00,000;
5. The Court of Assistant Judge: It has jurisdiction if the suit valuation is less than
BDT 1 up-to 2,00,000
Family Court Division deals with divorce and child welfare matters and also the
administration of wills. Child welfare matters include both proceedings brought by child
protection agencies, such as local authorities.
Parents and guardians may also make applications, for example about custody and
access.
Divorce is mainly dealt with in the County Courts, but the High Court Division (HCD)
does hear a small number of complex, contested cases.
The Family court division also oversees the uncontested administration of wills, a
process called “probate”. It authorizes the executors to act on behalf of the deceased
person if it can be shown that all the papers are in order. Any civil trial is in the vast
majority of cases by a judge alone. Juries are now very rare in civil cases. Another
feature to note is that cases are often slow to pass through the system, measured in
months or years rather than weeks as for criminal cases.
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16. Page-13
Different Stages of Civil Suit
In a given legal system of a country there are two types of justice system namely-
1. Civil Justice System; and
2. Criminal Justice System
The whole civil judicial proceeding in courts is regulated by the different provisions of-
✓ The Code of Civil Procedure, 1908 (Act No. V of 1908); and
✓ The Civil Rules and Order (C. R. O)
The stages of civil proceeding may be broadly categorized into the following
stages:
1. Pre-trail stage
2. Trail Stage
3. Post-trial stage
Pre-trail stage
Plaint
A civil suit is instituting commence by presenting plaint by the plaintiff against
defendant in the proper Court. If a suit or proceeding does not commence on the
presentation of plaint it is not a suit even if a judgment may be passed in such
proceeding. Plaint is considered to be document by presentation of which in a civil
court, a party seeks relief from such court.
Summon
Once the suit is filed successfully summon is to be issued upon the defendant or
defendants to appear on a date fixed in summon to appear and answer the claim.
Summon is issued in accordance with the provisions of Section 27, 29 to 32, and
Order V of the Code of Civil Procedure, 1908 (Act No. V of 1908)
Where a suit has been duly instituted, a summons may be issued to the defendant to
appear and answer the claim and may be served in manner prescribed.[1]
A suit is not duly instituted until it is registered.[2]
After the plaintiff is adjudged pauper
and the suit is registered, there must be service of summons as required by this section
or Order V, Rule 1, otherwise the ex parte decree passed will be illegal.[3]
[1] [Section 27 of the Code of Civil Procedure, 1908 (Act No. V of 1908)]
[2] Surendra v. Aftabuddin, 26 CWN 391
[3] Punjub v. Kunwar Latif, 10 DLR (SC) 144
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17. Page-14
Filing Written Statement (WS)
If the summon is duly served upon the defendant or defendants and a written statement
containing the answer of the claim of plaintiff and his own claim is to be submitted to
the court on the date fixed on the summon. Filing of written statement is obligatory and
non-filing of written statement will be considered as of the facts by the defendants.
Under the old law a party was not bound to put in a written statement. But by an
amendment of Rule 1 of Order VIII filing of written statement has been made
mandatory.[1]
Before drafting a Written Statement, especially the following Sections of the Code
of Civil Procedure, 1908 (Act No. V of 1908) should be followed: [2]
✓ Section 15: Courts in which suits to be instituted
✓ Section 16: Suits to be instituted where subject-matter situate
✓ Section 17: For immovable property situate within jurisdiction of different Courts
✓ Section 18: Of institution of suit where local limits of jurisdiction of Courts are
uncertain
✓ Section 19: Suits for compensation for wrongs to person or movables
✓ Section 20: Other suits to be instituted where defendants arises or cause of action
arises
✓ Section 26: Institution of suits
Otherwise, before drafting a Written Statement, especially the following Orders of
the Code of Civil Procedure, 1908 (Act No. V of 1908) should be followed: [3]
✓ Order 1: Parties to Suits
✓ Order 2: Frame of Suit
✓ Order 3: Recognized Agents and Pleaders
✓ Order 4: Institution of Suit
✓ Order 6: Pleadings Generally
✓ Order 7: Plaint
✓ Order 8: Written Statement and Set-Off
[1] [Adamjee Jute Mills v. Labor Court, 39 DLR 11; Lal Mamud v. Siraj Miah, 45 DLR 638 (In this
case on account of long delay a defendant was not allowed to file written statement against which no
revision was taken and he was not allowed to file the written statement when case was remitted back
to the trial court by the appellate court for allocating saham]
[2]
[3]
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18. Page-15
Parts of Written Statement (WS)
The Written Statement has got 5 parts:
1. Cause Title
2. Objection as to point of law
3. Para wise denial
4. Actual Fact
5. Verification
Particulars of a Written Statement (WS) for Filing
1. Written Statement
2. Firisti Form with all supporting Documents with date
3. 3 copy of Written Statement for each Plaintiff
4. Vokalatnama
Alternative Dispute Resolution (ADR)
By incorporating section 89A in the Code of Civil Procedure, 1908 Alternative Dispute
Resolution (ADR) was formally introduced in our legal system. Incorporation of ADR
in the civil proceeding is ground breaking step taken by the Government of Bangladesh.
At this stage the court takes an attempt to mediate the dispute between the parties
avoiding the formal procedure of litigation.
First Hearing
If the ADR process fails the court shall proceed from the stage at which the suit stood
before the decision of ADR. At this stage court will examine the pleadings of the
parties and try to determine the core of dispute.
Framing Issues
At this stage the court will determine the issue of the suit. Issue arises when material
proposition of fact and law is affirmed by one party and denied by the other party.[1]
[1] [Rule 1(1) of Order XIV of the Code of Civil Procedure, 1908]
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19. Page-16
Step under Section 30
After framing issue the court may give order on application of the parties with regard
to the delivery and answering of interrogatories, the admission of document and facts,
and the discovery, inspection, production, impounding and return of documents or
other material objects producible as evidence.
Settling Date (SD)
Now the court fixes a date for peremptory hearing that is date for trial.
Trial Stage
Opening the Case
It is the right of the plaintiff to open the case and at this stage the plaintiff states-
(i) Nature of the case,
(ii) Issue in the case,
(iii) Evidence of the witnesses.
Peremptory Hearing (PH)
At this stage the plaintiff and defendant examine their own witness and cross-examine
the witnesses of the other and may re-examine the witness.
Argument
After hearing the evidence of the witness of both parties, the respective pleaders will
be called upon to argue their case.
Post-trial stage
Pronouncement of Judgment
Once the hearing is complete the court will pronounce judgment at once or reserve the
judgment for future date. Every judgment contains-
(i) A concise statement of the case;
(ii) Points for determination;
(iii) Decision thereon;
(iv) Reasons for decision.
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20. Page-17
Decree
By the words of decree the court specifically determines and pronounces the rights of
the parties in the present dispute.
Execution of Decree
This is the last stage of a civil proceeding and by application of the decree-holder the
court takes necessary step to execute the decree.
The question of arrest and detention in the civil proceeding may come either at the trial
stage or at the post-trial stage. Apart from the two parties namely plaintiff and
defendant in civil suit the existence of witness is indispensable for delivery of justice.
So the plaintiff, defendant and witness are the role characters in a civil suit.
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21. Page-18
Recommendation for Development/Reforms
Although the current Court system of our country is managing in accordance with
the provisions of concern laws or Codes and our Judiciary system is doing its best
in establishing a true democracy and administration of justice, but personally I
think it needs some reforms, which are follows as my suggestions:
• There should not be much delay in giving the judgments of the cases as this leads to
increase in burden over the work of judiciary.
• Otherwise, in Criminal Justice system, the investigation agency i.e. the police or
investigation officer and the prosecution play an important role in this. They must do
their work sincerely and timely to curb this problem.
• Strikes by the lawyers should be avoided so that speedy trails can be done.
• There should be increased security system, so the Security department should do its
duty properly, including all Courts and office’s is of great importance.
• There is no doubt that was complete silence inside the court room and everybody
was paying due respect to the judge, but the same should be followed outside the
court room by the litigants in order to maintain a peaceful environment in every
court over the country.
• Judges should be encouraged to both party of a suit about the ADR (Alternative
Dispute Resolution) system to resolve the petty disputes, family disputes etc. made
between the parties, otherwise its increase the workload of the judiciary.
• The Judiciary body should be followed the justice system. Sometimes some Judges
and Lawyers were corrupted by the party within their course of duty, and the
judiciary body, as well as government should be taken necessary steps against those
judges and lawyers who are corrupted and imposed penalty against them.
• Some lawyers are involved in any other organization other than Court after getting
advocate ship. Bangladesh Bar Council Association should be taken necessary steps
against those lawyers, so that they cannot do such act.
• More judges should be appointed for the purpose of speedy trial, otherwise the
judiciary system will be over loaded and the justice system shall be delayed.
• Government should be taken necessary steps to develop the structure of the Court
Room.
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22. Page-19
• Whole Court system over the country, including its all courts room should be
surveillance by CC (Close Circuit) camera.
• The first and the foremost problem that is being faced by the Bangladesh Judiciary
system are of speedy and fair trials. Almost all the cases that were being tried in the
court room were being adjourned, either due to lack of proper investigation or lack of
witnesses and proofs or on the appeal of the lawyers and parties, sometimes judges.
Recently I have visited to the Chittagong District Judge Court and following
observations came to my knowledge, which are as follows:
• Only few judgments were pronounced by the judge in few cases. This has led to
increase in burden over judiciary. Thus, there should be taken any necessary steps
to look upon this issue.
• Another major problem that I have observed inside the court room was of the
hostility of the witnesses. The witnesses were changing their statements at the last
moment. This is another important factor that leads to delay in giving justice.
• A few people were fighting outside the District and Metropolitan Session Court
regarding their case and were abusing each other. No appropriate steps were taken
by the security guards to stop these fights.
• There was negligence in security at the entrance gate of the New Adalat Bhaban
and Chief Judicial Magistrate Court. Some people were entering the court without
the security check of their belongings and the security officer was not taking the
note of the same.
• No proper parking management system was there outside the Office of the
District Commissioner which was creating problem for the nearby offices.
Moreover, this was creating traffic problem also.
• The walls of the District Court, especially New Adalat Bhaban and Old Annex
Bhaban had the marks of tobacco spits and no penalty was being imposed on the
culprits.
Chittagong District Bar Association (CDBA) should be taken necessary steps upon
above mentioned for the purpose of administration of justice.
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23. Page-20
Conclusion
Finally, the assignment summarizes general conclusions making an overall assessment
of the Civil Law Legal System, especially outlines of Bangladesh. I have tried the best
to gather all relevant information’s relating to the Civil Law Legal System.
Some analysis, based upon the information’s so gathered about the Civil Law Legal
System and personal recommendation for development of current civil law or court
system in Bangladesh has been included in my assignment.
For the purpose of this assignment, recently I have visited to the Chittagong District
Judge Court and some observations came into my knowledge, and such observations
and negative sides, as well as recommendation for development has been attempted to
be made by me in this assignment.
Our current Court system, either Civil or Criminal, is managing in accordance with the
provisions of concern laws or Codes, i. e-
✓ The Code of Civil Procedure, 1908 (Act No. V of 1908) in case of civil court
system;
✓ The Code of Criminal Procedure, 1898 (Act No. V of 1898);
✓ Criminal Rules & Orders (CRO); and
✓ The Penal Code, 1860 (Act No. XLV of 1860) in case of criminal justice system.
Our Judiciary system is doing its best in establishing a true democracy and
administration of justice. But personally i think it is not possible, until the independent
of judiciary, rule of law and the concept of separation of powers has ensured.
Most of the information’s so gathered in this assignment are free available on internet
posted by somebody else, and I am not violating any © Copyrighted law and no liability
shall be made against me.
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24. Page-21
Bibliography
[1]
Washington Probate, “Estate Planning & Probate Glossary”, Washington (State) Probate, S.
V. “Common Law”, [htm], 8 Dec. 2008, retrieved on 7 November 2009
[2]
Charles Arnold-Baker, The Companion to British History, S. V. “English Law” (London:
Loncross Denholm Press, 2008), 484
[12]
“Roman Law and Its Influence” - Infoplease.com. Retrieved 2011-08-18
[13]
Kenneth Pennington, “Roman and Secular Law in the Middle Ages”, Medieval Latin: An
Introduction and Bibliographical Guide, edd. F. A. C. Mantello and A. G. Rigg (Washington,
D. C.: Catholic University Press of America, 1996), 254-266; [html], available at [2], retrieved
27 August 2011
[7]
Neubauer, David W. and Stephen S. Meinhold. Judicial Process: Law, Courts, and Politics in
the United States. Belmont: Thomson Wadsworth, 2007, Page 28
[8]
Makdisi, John A. (June 1999), "The Islamic Origins of the Common Law", North Carolina
Law Review, 77 (5): 1635-1739
** Section 3 was substituted for section 3 by section 2 of the Civil Courts (Amendment), Act,
2001 (Act No. XLIX of 2001)
[1] [Section 27 of the Code of Civil Procedure, 1908 (Act No. V of 1908)]
[2] Surendra v. Aftabuddin, 26 CWN 391
[3] Punjub v. Kunwar Latif, 10 DLR (SC) 144
[1] [Adamjee Jute Mills v. Labor Court, 39 DLR 11;
Lal Mamud v. Siraj Miah, 45 DLR 638 (In this case on account of long delay a defendant was not
allowed to file written statement against which no revision was taken and he was not allowed to
file the written statement when case was remitted back to the trial court by the appellate court
for allocating saham]
[2] Author Syad & Monika Hasan, Drafting and Conveyance, ...Publication, Ed...,
[3] Author Syad & Monika Hasan, Drafting and Conveyance, ... Publication, Ed...,
[1] [Rule 1(1) of Order XIV of the Code of Civil Procedure, 1908]
Textbook Reference
✓ Author Md. Abdul Halim, Legal System of Bangladesh, CCB Foundation
✓ Author Mahmudul Islam & Prabir Neogi, Law of Civil Procedure, Mullick Brothers, Ed.
2006
✓ Author Syad & Monika Hasan, Drafting and Conveyance, ... Publication, Ed...,
Web Reference
✓ www.assignmentpoint.com
✓ www.lawteacher.net