11
11
Court. section 122 the [Supreme Court] shall take such report into consideration.
[Omitted] 125. [Omitted by section 3 and 2nd Schedule of the Central Laws (Statute
Reform) Ordinance, 1960 (Ordinance No. XXI of 1960).]
Rules to be [126. Rules made under the foregoing provisions shall be subject to the
100
Publication 127. Rules so made and approved shall be published in the official
of rules. Gazette, and shall from the date of publication or from such other date as
may be specified have the same force and effect 101 [* * *] as if they had
been contained in the First Schedule.
Matters for 128.(1) Such rules shall be not inconsistent with the provisions in the body
which rules of this Code, but, subject thereto, may provide for any matters relating to
may the procedure of Civil Courts.
provide. (2) In particular, and without prejudice to the generality of the powers
conferred by sub-section (1), such rules may provide for all or any of the
following matters, namely;-
(a) the service of summonses, notices and other processes by post or in
any other manner either generally or in any specified areas, and the proof
of such service;
(b) the maintenance and custody, while under attachment, of live-stock
and other movable property, the fees payable for such maintenance and
custody, the sale of such live-stock and property, and the proceeds of
such sale;
(c) procedure in suits by way of counterclaim, and the valuation of such
suits for the purposes of jurisdiction;
(d) procedure in garnishee and charging orders either in addition to, or in
substitution for, the attachment and sale of debts;
(e) procedure where the defendant claims to be entitled to contribution or
indemnity over against any person whether a party to the suit or not;
(f) summary procedure-
(i) in suits in which the plaintiff seeks only to recover a debt or liquidated
demand in money payable by the defendant, with or without interest,
arising-
on a contract express or implied; or
on an enactment where the sum sought to be recovered is a fixed sum of
money or in the nature of a debt other than a penalty; or
on a guarantee, where the claim against the principal is in respect of a
debt or a liquidated demand only; or
on a trust; or
.
(ii) in suits for the recovery of immovable property, with or without a
claim for rent or mesne profits, by a landlord against a tenant whose term
has expired or has been duly determined by notice to quit, or has become
liable to forfeiture for non-payment of rent, or against persons claiming
under such tenant;
(g) procedure by way of originating summons;
(h) consolidation of suits, appeals and other proceedings;
(i) delegation to any Registrar, Prothonotary or master or other official of
the Court of any judicial, quasi-judicial and non-judicial duties; and
(j) all forms, registers, books, entries and accounts which may be
necessary or desirable for the transaction of the business of Civil Courts.
[Omitted] 129. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
[Omitted] 130. [Omitted by Article 2 and Schedule of the Central Laws (Adaptation)
Order, 1961.]
[Omitted] 131. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
PART XI
MISCELLANEOUS
Exemption 132.(1) Women who, according to the customs and manners of the
of certain country, ought not to be compelled to appear in public shall be exempt
women from personal appearance in Court.
from (2) Nothing herein contained shall be deemed to exempt such women
personal from arrest in execution of civil process in any case in which the arrest of
appearance. women is not prohibited by this Code.
Arrest other 134. The provisions of sections 55, 57 and 59 shall apply, so far as may
than in be, to all persons arrested under this Code.
execution
of decree.
Exemption 103 [135A.(1) No person shall be liable to arrest or detention in prison under
of members civil process-
of
(a) if he is a member of 104 [Parliament] during the continuance of any
legislative
meeting of 105[Parliament];
bodies from
arrest and (b) if he is a member of any committee of 106[Parliament], during the
detention continuance of any meeting of such committee;
under civil and during the fourteen days before and after such meeting or sitting.
process. (2) A person released from detention under sub-section (1) shall, subject
to the provisions of the said sub-section, be liable to re-arrest and to the
further detention to which he would have been liable if he had not been
released under the provisions of sub-section (1).]
Procedure 136.(1) Where an application is made that any person shall be arrested or
where that any property shall be attached under any provision of this Code not
person to relating to the execution of decrees, and such person resides or such
be arrested property is situate outside the local limits of the jurisdiction of the Court to
or property which the application is made, the Court may, in its discretion, issue a
to be warrant of arrest or make an order of attachment, and send to the District
attached is Court within the local limits of whose jurisdiction such person or property
outside resides or is situate a copy of the warrant or order, together with the
district. probable amount of the costs of the arrest or attachment.
(2) The District Court shall, on receipt of such copy and amount, cause
the arrest or attachment to be made by its own officers, or by a Court
subordinate to itself, and shall inform the Court which issued or made
such warrant or order of the arrest or attachment.
(3) The Court making an arrest under this section shall send the person
arrested to the Court by which the warrant of arrest was issued, unless he
shows cause to the satisfaction of the former Court why he should not be
sent to the latter Court, or unless he furnishes sufficient security for his
appearance before the latter Court or for satisfying any decree that may
be passed against him by that Court, in either of which cases the Court
making the arrest shall release him.
Language 137.(1) The language which, on the commencement of this Code, is the
of language of any Court subordinate to the High Court Division shall
subordinate continue to be the language of such subordinate Court until the
Courts. Government otherwise directs.
(2) The Government may declare what shall be the language of any such
Court and in what character applications to and proceedings in such
Courts shall be written.
(3) Where this Code requires or allows anything other than the recording
of evidence to be done in writing in any such Court, such writing may be
in English; but if any party or his pleader is unacquainted with English a
translation into the language of the Court shall, at his request, be supplied
to him; and the Court shall make such order as it thinks fit in respect of
the payment of the costs of such translation.
Power of 138.(1) The High Court Division may, by notification in the official Gazette,
High Court direct with respect to any Judge specified in the notification, or falling
Division to under a description set forth therein, that evidence in cases in which an
require appeal is allowed shall be taken down by him in the English language and
evidence to in manner prescribed.
be recorded (2) Where a Judge is prevented by any sufficient reason from complying
in English. with a direction under sub-section (1), he shall record the reason and
cause the evidence to be taken down in writing from his dictation in open
Court.
Miscellaneous 141. The procedure provided in this Code in regard to suits shall be
proceedings. followed, as far as it can be made applicable, in all proceedings in any
Court of civil jurisdiction.
Orders and 142. All orders and notices served on or given to any person under the
notices to provisions of this Code shall be in writing.
be in
writing.
Application 144.(1) Where and in so far as a decree is varied or reversed, the Court of
for first instance shall, on the application of any party entitled to any benefit
restitution. by way of restitution or otherwise, cause such restitution to be made as
will, so far as may be, place the parties in the position which they would
have occupied but for such decree or such part thereof as has been
varied or reversed; and, for this purpose, the Court may make any orders,
including orders for the refund of costs and for the payment of interest,
damages, compensation and mesne profits, which are properly
consequential on such variation or reversal.
(2) No suit shall be instituted for the purpose of obtaining any restitution or
other relief which could be obtained by application under sub-section (1).
Proceedings 146. Save as otherwise provided by this Code or by any law for the time
by or being in force, where any proceeding may be taken or application made
against by or against any person, then the proceeding may be taken or the
representatives.application may be made by or against any person claiming under him.
Consent or 147. In all suits to which any person under disability is a party, any
agreement consent or agreement, as to any proceeding shall, if given or made with
by persons the express leave of the Court by the next friend or guardian for the suit,
under have the same force and effect as if such person, were under no disability
disability. and had given such consent or made such agreement.
Enlargement 148. Where any period is fixed or granted by the Court for the doing of
of time. any act prescribed or allowed by this Code, the Court may, in its
discretion, from time to time, enlarge such period, even though the period
originally fixed or granted may have expired.
Power to 149. Where the whole or any part of any fee prescribed for any document
make up by the law for the time being in force relating to court-fees has not been
deficiency paid, the Court may, in its discretion, at any stage, allow the person, by
of court- whom such fee is payable, to pay the whole or part, as the case may be,
fees. of such court-fee; and upon such payment the document, in respect of
which such fee is payable, shall have the same force and effect as if such
fee had been paid in the first instance.
Transfer of 150. Save as otherwise provided, where the business of any Court is
business. transferred to any other Court, the Court to which the business is so
transferred shall have the same powers and shall perform the same
duties as those respectively conferred and imposed by or under this Code
upon the Court from which the business was so transferred.
Saving of 151. Nothing in this Code shall be deemed to limit or otherwise affect the
inherent inherent power of the Court to make such orders as may be necessary for
powers of the ends of justice or to prevent abuse of the process of the Court.
Court.
General 153. The Court may at any time, and on such terms as to costs or
power to otherwise as it thinks fit, amend any defect or error in any proceeding in a
amend. suit; and all necessary amendments shall be made for the purpose of
determining the real question or issue raised by or depending on such
proceeding.
Saving of 154. Nothing in this Code shall affect any present right of appeal which
present shall have accrued to any party at its commencement.
right of
appeal.
Amendment 155. The enactments mentioned in the Fourth Schedule are hereby
of certain amended to the extent specified in the fourth column thereof.
Acts.
[Repealed] 156. [Omitted by section 3 and 2nd Schedule of the Second Repealing
and Amending Act, 1914 (Act No. XVII of 1914).]
1 The words and figure "section 47 or" were omitted by the Code of Civil Procedure (Amendment) Ordinance, 1983
(Ordinance No. XLVIII of 1983)
2 The commas and words ", and includes an advocate, a vakil and an attorney of a High Court" were omitted by section 3
and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
3 The words "The Republic" were substituted, for the words "Pakistan" by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
4 The word "Republic" was substituted, for the word "State" by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
5
The word "Republic" was substituted, for the word "Government" by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
6 The words "or local" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration)
Act, 1973 (Act No. VIII of 1973)
7 The word "local" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973)
8
The word "Provincial" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration)
Act, 1973 (Act No. VIII of 1973)
9 The word "Chittagong" was substituted, for the word "Karachi" by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
10 The word "Chittagong" was substituted, for the word "Karachi" by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
11The word "Chittagong" was substituted, for the word "Karachi" by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
12
The word "Chittagong" was substituted, for the word "Karachi" by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
13 The word "Chittagong" was substituted, for the word "Karachi" by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
14The words "Bangladesh Biman" were substituted, for the words "Pakistan International Airways" by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
15
The word "Chittagong" was substituted, for the word "Karachi" by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
16The words "Cox's Bazar" were substituted, for the word "Muree" by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
17 The word "Chittagong" was substituted, for the word "Karachi" by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
18
The word "Khulna" was substituted, for the word "Bahawalpur" by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
19The words "at Khulna" was substituted, for the word "Bahawalpur" by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
20 The word "Chittagong" was substituted, for the word "Karachi" by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
21
The words "but to the same High Court" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
22The word "said" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973)
23Section 24A was inserted by section 7 of the Code of Civil Procedure (Amendment) Ordinance, 1962 (Ordinance No.
XLIV of 1962)
24
The word "Government" was substituted, for the words "Courts issuing such summons of processes have been
established or continued by the authority of the Central Government or that the Provincial Government of the Province in
which such summonses or processes are to be served" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision
And Declaration) Act, 1973 (Act No. VIII of 1973)
25Section 35A was substituted, by section 2 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of
2003)
26Section 35B was inserted by section 3 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of
2003)
27The words and comma "or by any Court established or continued by the authority of the Central Government in any
Acceding State," were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973)
28 Section 44A was inserted by section 2 of the Code of Civil Procedure (Amendment) Act, 1937 (Act No. VIII of 1937)
29 The words "the United Kingdom or" were omitted by section 4 of the Code of Civil Procedure (Third Amendment), 2003
(Act No. XL of 2003)
30
Explanation 1 was omitted by section 4 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of
2003)
31 The word "any" was substituted, for the words "the United Kingdom and such other" by section 4 of the Code of Civil
Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
32Clause (a) of explanation 3 was omitted by section 4 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act
No. XL of 2003)
33
The word "Republic" was substituted, for the word "State" by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
34The words "the Railway" were substituted, for the words "a railway" by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
35 The words, commas and figures "Army Act, 1952, Navy Ordinance, 1961, or the Air Force Act, 1953," were substituted,
for the words, commas, figures and brackets "Pakistan Army Act, 1952, applies, or of persons other than commissioned
officers to whom the Naval Discipline Act as modified by the Pakistan Navy (Discipline) Act, 1934," by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
36 The word "Republic" was substituted, for the word "State" by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
37The words "the Railway" were substituted, for the words "a railway" by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
38 The word "Republic" was substituted, for the word "State" by section 3 and 2nd Schedule the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
39The words "the Railway" were substituted, for the words "a railway" by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
40Explanation 3 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973)
41 Clause (b) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973
(Act No. VIII of 1973)
42The words "shall be Bangladesh" were substituted, for the words "shall be" by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
43
Clause (a) and (b) were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration)
Act, 1973 (Act No. VIII of 1973)
44 Clauses (a) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973
(Act No. VIII of 1973)
45The words "the Railway" were substituted, for the words "a railway" by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
46
The words "the Government" were substituted, for the words "that Government" by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
47 The words "the Railway" were substituted, for the words "a railway" by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
48 The word "concerned" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration)
Act, 1973 (Act No. VIII of 1973)
49The word "Bangladesh" was substituted, for the words "the Provinces" by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
50The word "Bangladesh" was substituted, for the words "the Provinces" by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
51The word "Bangladesh" was substituted, for the words "the Provinces" by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
52Sections 86 and 86A were substituted, for the original section 86 by section 2 of the Code of Civil Procedure
(Amendment) Ordinance, 1970 (Ordinance No. VI of 1970)
53 Sections 89A and 89B were inserted by section 3 of the Code of Civil Procedure (Amendment) Act, 2003 (Act No. IV of
2003)
54 The words, comma, figures and bracket “Artha Rin Adalat Ain, 2003 (Act No. 8 of 2003)” were substituted for the
words, comma, figures and bracket “Artha Rin Adalat Ain, 1990 (Act No. 4 of 1990)” by section 2(a)(i) of the Code of Civil
Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).
55 The words “the Court shall” were substituted for the words “the Court may” by section 2(a)(ii) of the Code of Civil
Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).
56 The words, commas, figures and breakets “to the concerned Legal Aid Officer appointed under the Legal Aid Act, 2000
(Act No. 6 of 2000), or” were inserted after the words “or refer the dispute or disputes in the suit” by section 2(a) of Code
of Civil Procedure (Amendment) Act, 2017.
57 The full-stop (.) was substituted for the colon (:) and thereafter the proviso was omitted by section 2(a)(iii) of The Code
of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).
58Sub-section (3) was substituted by section 2(b) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No.
XXXVI of 2012).
59
The words “or Legal Aid Officer” were inserted after the words “when the court” by section 2(b) of Code of Civil
Procedure (Amendment) Act, 2017.
60 Sub-section (4) was substituted by section 2(c) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI
of 2012).
61The words and comma “or the dispute or disputes are referred to Legal Aid Officer, or a mediator is appointed by the
Court” were substituted for the words “or a mediator is appointed by the Court” by section 2(c) of Code of Civil Procedure
(Amendment) Act, 2017.
62 Sub-section (5) was substituted by section 2(d) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No.
XXXVI of 2012).
63 The words and commas “Legal Aid Officer or mediator, as the case may be,” were substituted for the word “mediator”
by section 2(d) of Code of Civil Procedure (Amendment) Act, 2017.
64
The words and commas “Legal Aid Officer or mediator, as the case may be,” were substituted for the word “mediator”
by section 2(d) of Code of Civil Procedure (Amendment) Act, 2017.
65 The words “prepare a report and pass an order in the manner” were substituted for the words “make a report and
passed order in a manner similar” by section 2(e) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI
of 2012).
66
The comma and words “, Legal Aid Officer” were inserted after the word “representatives” by section 2(e) of Code of
Civil Procedure (Amendment) Act, 2017.