Civil Procedure Code

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Civil Procedure Code Any person adversely affected by the action or threat of another as to his right to property or status is required to get the dispute decided through the civil court by presenting a plaint before it and obtaining a decree, and at times to execute the decree if his adversary does not comply with it. In entertaining and deciding a suit or proceedings the civil court follows the procedure laid down in the Code of Civil Procedure 1908.

The Code, in addition to the rules in 155 sections, contains provisions regarding jurisdiction of civil court, stay of suit, res judicatta, place of suing, institution of suits, summons to the defendants and witness, judgment and decree, interest, costs, compensatory cost, execution of decree and order, limitation of time for execution of decree, arrest and detention of defendant or judgment debtor in civil prison, attachment and sale of property, issue of commission, suits by or against the government or public officers in their official capacity, suits by aliens and by foreign states, suits by or against foreign rulers, ambassadors and envoys, interpleader suits, special cases for the opinion of court, suits relating to public nuisance and public charities, supplemental proceedings appeal from decree or order, references to high court Division, reviews of decree or order, revisions to the High Court Division, special provisions relating to the High Court Division, rules in the first schedule and other provisions regarding rule making, and miscellaneous provisions such as exemption from personal appearance, arrests, language of subordinate courts, amendments of judgments, decrees or orders, extension of time, miscellaneous proceedings, inherent power of the court etc.

Rules contained in the first schedule of the Code of Civil Procedure provide detailed provisions regarding parties to the suit, frame of suits, recognized agents and advocates, institution of suits, issue and service of summons, pleadings, plaint, written statement and set off, appearance of parties and consequence of non-appearance, examination of parties by the court, discovery and inspection, admissions, production and return of documents, framing of issues and determination of suit on issues of law or on issues agreed upon, disposal of the suit at the first hearing, summons and attendance of witnesses, adjournments, hearing of suit and examination of witnesses, affidavits, judgment and decree, execution of decrees, and orders by delivery of property, attachment and sale of property and other modes, death, marriage and insolvency of parties and substitution of parties, withdrawal and adjustment of suits, payment into court, security for cost, commissions to examine witnesses, for local investigations, to examine accounts, and to make partition, suits by or against government or public official in their official capacity, suits by or against military or naval men or airmen, suits by or against corporations, suits by or against firms and persons carrying on business in names other than their own, suits by or against trustees, executors and administrators, suits by or against minors and persons of unsound mind, suits by paupers, suits relating to mortgage of immovable property, interpleader suits, special cases, summary procedures on negotiable instruments, arrest and attachment before judgment, temporary injunctions and interlocutory orders, appointments of receiver, appeals from decrees, appeals from orders, pauper appeals, references, reviews, miscellaneous provisions, and provision relating to High Court Division and small cause courts.

A suit or proceedings is regulated by the aforesaid provisions of the Code of Civil Procedure and the provisions of the Evidence Act and Limitation Act. Unless a lawyer is conversant with the aforesaid provisions he cannot successfully file and proceed with or defend a civil suit, nor can a judge properly adjudicate the same. Civil suits and proceedings cannot be started and proceeded with or defended by a layman as the rules of procedure of civil cases is full of technicalities for which a competent lawyer fully conversant with the rules of procedure is to be engaged. [Kazi Ebadul Hoque]