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HOW TO FILE A CIVIL SUIT IN BANGLADESH
A civil suit can be filed by presentation of a Plaint before the appropriate court. A plaint or otherwise known in Bengali as an “Arji” is a document where the facts and grounds of claim are stated clearly and concisely. Plaint contains name of the court, parties’ names and addresses, cause(s) of action and relief sought etc. (Order VII, Rule 1, Code of Civil Procedure 1908). A litigant must read and verify that the plaint clearly shows the cause of action of the suit and must be cautious that the suit is not barred by limitation, otherwise, a plaint may be rejected under order VII, rule XI of the said Code. Appropriate legal counsel may be sought to check the abovementioned matters. Requisite Court fees should be attached with the Plaint. Court fees can be either fixed or based on ad-valorem basis. The amount of court fees required to be affixed is mentioned in the Court Fees Act 1870.
Once a plaint is ready, it will be filed with the concerned court having jurisdiction. A civil suit has to be filed in the court of lowest grade competent to try it. Learned advocate should prepare a bundle for court which includes plaint, vokalotnama (power given to Lawyer by client), list of documents upon which the claimant(s) rely on, process fee, notice of summon, copies of the plaint as required depending on the number of defendants.
Thereafter, the plaint including other necessary documents should be submitted before the concerned court officer, i.e. the Sheristadar who shall examine, inter alia, territorial and pecuniary jurisdiction and requisite court fees paid thereof. After such examination he will put a case number of the suit and will enter the suit into a register which is called the register of the suits. The date of filing shall also be stamped on the plaint as soon as it is filed. When all the above procedures are completed, a civil suit starts its journey.
•Author: Barrister Md. Hafizur Rahaman Khan
CLP understands that in both life and business, plans can get derailed & things can become complicated very fast. We realise that a lot of people get involved in disputes over transactions that are otherwise regular due to minor oversights. While breach of agreements can give rise to disputes, proper legal advice and guided transactions can potentially avoid million dollar disputes. The chambers firmly focuses on how its clients can avoid disputes efficiently & cost effectively.
Whether it is a civil matter concerning individuals (for example, debt problems or a land related dispute with a neighbour or family member), or a commercial disagreement between two businesses or persons (for example commercial Tax disputes with the NBR or breach of contract), legal disputes can be highly stressful and costly for those involved.
The commercial and civil practice group provides specialist advisory, drafting and advocacy services in many fields including commercial and business, property and trusts, landlord and tenant, money suits and debt recovery, judicial reviews and regulatory/disciplinary matters, immigration, admiralty, and Taxation (VAT, Tax & Customs) etc. among others. All forms of dispute resolution are covered, from advising and representing litigants in courts and tribunals at all levels (litigation), to acting for clients in negotiations, mediations and arbitrations (ADR).
We can expertly guide our Clients through all stages of litigation, from advising on the strengths and weaknesses of the case and pre-action negotiations with other parties, through to final settlement or court proceedings, and ultimately the enforcement of judgements. Whether a client is bringing or defending a claim, our commercial and civil litigation lawyers in Bangladesh are committed to taking a commercially-focused and proactive approach to resolving disputes in a cost-effective way. We seek to avoid escalation to expensive court proceedings where possible through mediation, negotiation, arbitration and other forms of dispute resolution but are always ready to go to court where necessary.
Common areas of dispute:
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