Nature and steps of a Civil Suit

Nature and Steps of a Civil Suit

Muhammed Atiqur Rahman

Nature:

• A civil proceeding is an adversarial Process in Bangladesh.
• The standard of proof in a civil case is balance of probabilities.
• In a Civil suit a right is claimed by the plaintiff which has been denied by the defendant.
• In Bangladesh a Civil suit is regulated according to the Code of Civil Procedure' 1908. 

Steps of a Civil Suit (In brief):

Pre-Proceeding Stage:

• In Bangladesh there is no mandatory mediation system before the filing of the case in case of a regular civil suit.
• There is a process of mediation only in case of polygamy, dissolution of marriage and maintenance under the Muslim Family Laws Ordinance' 1961.

Proceeding Stage:

• A Civil suit is started by the submission of a Plaint by the Plaintiff.
• A plaint is a statement of claim or redress.
• After examination of the Plaint by the Sherestadar, a court officer, the suit is entered into the Registrar of Suits and a Civil suit is started by this entry.
• Then the process (i.e. Summons) shall be issued to the defendant with a copy of the plaint to inform the defendant about the case against her and the date of appearance before the court.
•  The defendant has to appear the court in the fixed date with her Written Statement (WS) which is a denial or the assertion of the claims of the plaintiff.
• Alternative Dispute Resolution or ADR: After submission of the Pleadings (Plaint and Written Statement) the court must try to mediate between the parties. If mediation is failed, the case shall move for the next step. In a civil suit mediation process is available only before the trial except a case under the Family Court Ordinance' 1985. In  a Family court mediation is done for twice before the trial and after the Trial i.e. before the pronouncement of judgement. But arbitration is possible at any stage of the case. It means, if both the parties are agreed, they can withdraw the case and settle the dispute by an arbitrator according to the Arbitration Act' 2001.
• If mediation is failed, the Court shall fix a date for first hearing.
• At the first hearing Court shall examine the claims of the parties and frame the issues.
• A fact claimed by one party and denied by other is a matter of issue.
• After the framing of issue, section 30 step shall be followed which includes delivery and answering of interrogatories, the admission, discovery, inspection, production, impounding and return of documents or other objects by the parties.
• The Court shall also fix the date for final hearing or peremptory hearing (PH) or trial and order the parties to submit the list of witnesses, who will appear in support of them, in the settling date (SD).

Trial Stage:

• In the trial the trial is started by the opening statement of the plaintiff if the burden of proof is not shifted.
• After the opening statement the plaintiff shall produce the witnesses in favor of her who will be examined before the court.
• Examination of Chief shall be done by the own party's lawyer.
• Cross examination shall be done by the opposite party's lawyer.
• Re-examination shall be done by own party's lawyer if it is necessary.
• After the submission of the evidences by the plaintiff, the defendant may raise the plea that 'there is no case to answer' for the defendant and if the court is convinced, the case shall be dismissed.
• Otherwise, the defendant has to produce the witnesses before the court to submit the evidences by their examinations (Chief, Cross, Re).
• After the conclusion of the submission of the evidences, the parties (generally by the Lawyers) have to present their final arguments before the court on the basis of evidences submitted during the Trial.
• The party which open the trial presents argument at the end.
• Argument is the last chance for the party to convince the court in it's favor.

Judgement:

• After the conclusion of the trial, the court shall pronounce the judgement in the same day or later in a fixed date.
• The court may pass a Decree or an Order.
• Decree is the final adjudication of all the claims in a suit.
• Order is given on any specific claim in certain cases.
• After the passing of decree, the decree holder has to file an application in the competent court for the execution of the decree.

Sources:
1. The Code of Civil Procedure' 1908
2. Legal System of Bangladesh by Barrister Abdul Halim