A civil suit has so many stages to follow.

To understand a civil suit it is better to look at

the steps of the procedure of a civil suit to have an overall idea of the procedure. The
procedure of civil suit is guided by the Code of Civil Procedure, 1908. A civil suit
stage can be further segmented into five parts;
1. Pre-proceeding Stage
2. Proceeding Stage
3. Trial Stage
4. Judgement and Decree
5. Post Trial procedure

1. Pre-proceeding Stage
To initiate a civil suit it needs to be presented before a court to hear it and find the
conflicting areas and prefetch the proper documents and list of evidence etc. This is an
initial stage of mediation and conciliation for resolving the dispute between the parties
amicably. The only available mandatory mediation process in Bangladesh is in the
family matters under the Muslim Family Law Ordinance, 1961 and Family
Court Ordinance, 1985 after filing the written statement. The court is to fix a date
within 30 days for pre-trial hearing. On that day the court examining the plaint and
written statement shall ascertain the issues and attempt to effect a compromise or
reconciliation between parties.

2. Proceeding Stage
2.1. Institution of suit/Issue of plaint
The relevant provision are-
● Section 26 of CPC
● Order 2, Rule: 1-7 of CPC
● Chapter-1 & 2 of CRO, Vol-1 Chapter 1 of Manual of Practical
● Instructions for the Conduct of Civil Suits (The Civil Suit
Instructions Manual)
● Order 6 & Order 7 of CPC

A civil suit must be instituted with a plaintiff that sufficiently describes the situation,
shows the cause of action and seeks proper remedies under Section 26 of CPC. The
document in which the fact of the case is mentioned is known as Plaint in the legal world.
Order 4 Rule 1 as well as Order 6 and 7. A plaint is to be filed in a court which has
both territorial and pecuniary jurisdiction. Under Section 15 of CPC a suit triable by
a civil court in the court of the lowest grade competent to try it.after that the court officer,
i.e. the Sheristadar shall examine if the relief claimed in the plaint has been properly
valued and the court fee has been paid etc. After that he will enter the suit in the register
of suits by putting a serial number. The date of filing the plaint shall also be stamped on
the plaint. Once it is done the machinery of a court is set in motion for a civil suit which
is the first stage of a civil suit.
2.2. Issue of Process
The relevant provision are -
● Chapter 3 of CRO, Vol-1
● Chapter 2 of (The Civil Suit Instructions Manual)
● Section 27 & 29 of CPC
● Order 5 Rule 1 to 30 of CPC

After a Plaint is filed the Court may either accept the Plaint or they may reject it. If
the Plaint is accepted the Court may call the Defendant against whom the suit is filed
and Court calls party by issuing Summon. Defendants to whom the summons is issued
may appear in person or through the legal representative. The summon is addressed
under Section 27-29 of the Code depending upon the location of the defendant.
under Section 31 of the Code. The Summons is also addressed when Plaintiff or
Defendants want to produce a witness in the Court. The procedure for the Service of
Summons is mentioned under Order V of CPC.

2.3. Service of Summons

Summons with a copy of the plaintiff which served on the defendant stated the nature
of the plaintiff's claim against the defendant and the remedy which the plaintiff seeks to
obtain. Under Order 5 the service of summons is done by the court officer and the
normal method is registered post.

2.4. Service return/Appearance of Defendant/Written Statement

The relevant provisions are Order 6 & Order 8 of CPC.
A date is put on the summons by the court for the Appearance of the defendant. After
getting the summons the defendant needs to reply to the claim of the plaintiff the
defendant can accept the claim or deny the claims. If he intends to contest the claim, he
is to appear in court as per the date of the summons and submit a written document
known as “Written Statement”. He may also ask for time to file the same in some future
date.The defendant has to file his written statement either on or before the first hearing
date under Order 8. Under Rule 2 or Order 9 if the court finds that the plaintiff has
failed to pay the required fee for Service of summons, the court may dismiss the suit on
that day.

2.5. Alternative dispute resolution(ADR)

The relevant provisions are Section 89A, 89B, 89C; and Order 23, Rule-3 of CPC.
Two methods of ADR have been enacted in Section 89A and 89B which are
meditation and arbitration. The term meditation lays down that except in a suit under
Artha Ain, 1990 after filing a written statement if all the parties in the suit are in
attendance in the court in person or by their respective pleaders,the court may by
adjourning the hearing mediate in order to settle the dispute in the suit to the engaged
pleaders of the parties where no pleader or pleaders have been engaged, or to a mediator
from the panel as may be prepared by the District Judge under Subsection (10), for
undertaking efforts for settlement through mediation. If the parties to a suit, at any stage
of the proceeding, apply to the Court for withdrawal of the suit on ground that they will
refer the dispute or disputes in the suit to arbitration for settlement, the Court shall
allow the application and permit the suit to be withdrawn; and the dispute or disputes,
thereafter, shall be settled in accordance with Salish Ain, 2001.

2.6. First Hearing and Examination of Parties by the Court

If ADR fails the court shall proceed with hearing of the suit from the stage at which it
was before the decision to mediate. The court will fix the date of the first hearing. The
first hearing means the day on which the court goes into the pleading of parties in order
to understand their contention. At this hearing the court shall ascertain from each party
or his pleader whether they admit or deny the allegations of fact as are made in the plaint
and the written statement and shall record such admissions and denials, under Rule 1
or Order 10.

2.7. Framing of Issues

The relevant provisions are Order-14, Rule 1 to 6 and Order-20, Rule 5 of CPC.

Each material proposition affirmed by one party and denied by another shall form a
distinct issue. At the first hearing of the suit the court after reading the plaint and the
written statement and after examining the parties ascertain upon what material
propositions of fact or of law the parties are at variance. Thus, proceed to frame and
record the issues on which the right decision of the case depends. Although the duty to
frame issues lies upon the court, the advocates of both the parties shall also assist while
doing it. If the court thinks that the issue cannot be framed without examining some
person or without inspection of some documents not produced yet,it may adjourn the
framing of issues to a future date under Order 14. In cases where no issue is needed to
be framed, the first hearing would be on which day the trial starts.

2.8. Section 30; Step and Settling of Date of Hearing

The relevant provision are -
● Section 30 of CPC
● Order 11. Discovery and Inspection
● Order 12, Admissions
● Order XIII, Production, Impounding & Return of documents.
● Order 26, Commissions
● Order 39, Rule: 7, Preservation, Inspection, etc. of Subject matter of
suit.
Section 30 step is related to the orders with regard to the delivery and answering of
interrogations, the admission of documents and facts,and the discovery, inspection,
production, impounding and return of documents or other materials producible as
evidence. Apart from this step, the court will fix a date for settling the date of final and
Peremptory hearing which is the trail. On this settling date the court insists on the
parties filing their lists of witnesses and applying for any Commission that may be
required for examining the witnesses.
 3. Trial Procedure
3.1. Opening of Case
The relevant provisions are Order 18, Rule 1 of CPC (Chapter 10 of the Evidence
Act.)
The plaintiff has the right to start his opening speech first but occasionally it might
be the right of defence to start the speech. Peremptory hearing (PH) is the part where
evidence is taken, this procedure can be divided in several parts. It actually depends on
the burden of proof. This process must be concluded within 120 days from the start of
this process (Order 18, Rule 19). In the opening speech the advocate will state some
following things like:- the nature of the case,issue of the case,summaries the fact in
issues,state briefly the evidence of the witness. The provision of Order 18 and Rule 1
and 2 are seldom followed these days.

3.2. Peremptory Hearing/Examination in Chief/Production of

Evidence in support of the Case
The relevant provisions are Section 135-165 of Evidence Act.
After opening the case the plaintiff will call the witnesses on the plaintiff's side one
after another and examine them in line with the plaintiff's case. They may also produce
the necessary documentary evidences.the evidential rule of burden of proof requires that
the plaintiff has to discharge his burden by raising a prima facie case in relation to the
relevant issue. But if he fails to do so the suit will be dismissed once by the judge.
However, if the defendant has to give any opening speech, it will come after the evidence
of the plaintiff has been presented in the court.

3.2. Cross-Examination and Re-examination of Plaintiff Evidence

After that, the other party can question that witness to prove him wrong or question
his capability as a witness, this is known as Cross-Examination. If that witness due
to the presser of the opposite party or any other reason loses his track from his stand or
get confused with the party of which he is a witness can question him again for
clarification, this is called Re-Examination. The procedure of examination was given
under Section 135 to 165 of The Evidence Act, 1872.

3.3. Summing up/Closing speech/Argument

After taking evidence and before the judgment parties argue before the judge on the
point of law and fact based on the documents and evidence they have received during
the trial. Parties try to convince the judge to their favour. This is known as an argument.
Argument is the final chance to win a case. The relevant provisions are Chapter 28 of
The Civil Suit Instructions Manual.
 4. Judgement, Decree and Order
After the case has been heard by the court shall pronounce the judgment, and on such
judgment, decree shall follow (Section 33). The court will provide the judgement of
the suit within 7 days (Order 20 Rule 1) Judgment is the explanation of the decree or
the decision of the court which includes decree and order. A decree is a formal
expression of an adjudication which conclusively determines the right of the party
regarding all or any of the matters in controversy in the suit. On the other hand, Order
means the formal expression of any decision of a Civil Court which is not a decree.

The relevant provisions are Chapter 29 of The Civil Suit Instructions Manual,
Chapter 9 of CRO, Volume: 1, Order 20 of CPC, Section 33 of CPC.

5. Post Trial Stage

5.1. Enforcement and Execution of Decree
The enforcement of a decree by judicial process which enables the decree holder to
realise the fruit of the decree passed by the court is its execution. The main part of the
judgment is the decree after the judgment is given. An execution commences with the
filing of an application for execution. Such an application is made to the court which has
passed the decree.

Once the application is received by the court, it will examine whether the application
complies with the requirement of Rule 11 to 14. If they comply, the court must admit
and register the application. Details of this are mentioned in Order 21 of CPC. If the
opposite party does not follow it automatically then the decree-holder needs to file for
the execution of the decree. Details of execution of decree are given under Section 36
to 47 and Order 21 (Rule: 1 to 103) of CPC.

The other relevant provisions are Chapter 10 of CRO and Chapter 35 of The Civil
Suit Instructions Manual.

5.2. Appeal, Review, Revision

The party losing the case is defined as a judgment debtor. He can be aggrieved by the
judgment, in some cases, the decree-holder (who wins the case) can also be aggrieved
for some reason. Such an aggrieved party may think the judgment treated him unfairly
or there was some serious mistake in that situation.

There are several options open for him to get the proper justice, namely; Appeal,
Review and Revision.

5.2.1. Appeal :
Appeal is the power of the superior court to change/correct the judgment of its
subordinate court where there is a significant mistake or error of law; under Section
96 to 112 and under Order 41-45 of CPC.
5.2.2. Review :
Review is another procedure for seeking adequate justice, where the request is put to
the same court that gave the decision to review and amend its judgment; under Section
114 and Order 47 of CPC.

5.2.3. Revision :
A revision is like an appeal brought to a higher court. Revision shall apply where there
is an error of law and/or occasioning miscarriage of justice but no legal guideline for
appeal, revision shall apply; under Section 115 of CPC.

[ Concluded ]