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19/04/2021
The Code of Civil Procedure, 1908

The Code of Civil Procedure, 1908

( ACT NO. V OF 1908 )

Jurisdiction of the Courts and Res Judicata

Courts to try all civil suits unless barred.
9. The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
 
 
Explanation.-A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.
Stay of suit.
10. No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any Court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court.
 
 
Explanation.-The pendency of a suit in a foreign Court does not preclude the Court in Bangladesh from trying a suit founded on the same cause of action.
Res Judicata
11. No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
 
 
Explanation I.-The expression "former suit" shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto.
 
 
Explanation II.-For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.
 
 
Explanation III.-The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other.
 
 
Explanation IV.-Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.
 
 
Explanation V.-Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused.
 
 
Explanation VI.-Where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating.
Bar to further suit.
12. Where a plantiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.
When foreign judgment not conclusive.
13. A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-
 
 
(a) where it has not been pronounced by a Court of competent jurisdiction;
 
 
(b) where it has not been given on the merits of the case;
 
 
(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of Bangladesh in cases in which such law is applicable;
 
 
(d) where the proceedings in which the judgment was obtained are opposed to natural justice;
 
 
(e) where it has been obtained by fraud;
 
 
(f) where it sustains a claim founded on a breach of any law in force in Bangladesh.
Presumption as to foreign judgments.
14. The Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.

Place of Suing

Court in which suits to be instituted.
15. Every suit shall be instituted in the Court of the lowest grade competent to try it.
Suits to be instituted where subject-matter situate.
16. Subject to the pecuniary or other limitations prescribed by any law, suits-
 
 
(a) for the recovery of immovable property with or without rent or profits,
 
 
(b) for the partition of immovable property,
 
 
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
 
 
(d) for the determination of any other right to or interest in immovable property,
 
 
(e) for compensation for wrong to immovable property,
 
 
(f) for the recovery of movable property actually under distraint or attachment,
 
 
shall be instituted in the Court within the local limits of whose jurisdiction the property is situate, or, in the case of suits referred to in clause (c), at the place where the cause of action has wholly or partly arisen:
 
 
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or, in the case of suits referred to in clause (c), at the place where the cause of action has wholly or partly arisen, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.
 
 
Explanation.-In this section "property' means property situate in Bangladesh.
Suits for immovable property situate within jurisdiction of different Courts.
17. Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate:
 
 
Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court
Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
18.(1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainly, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction:
 
 
Provided that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise jurisdiction.
 
 
(2) Where a statement has not been recorded under sub-section (1), and an objection is taken before an appellate or revisional Court that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situate, the appellate or revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainly as to the Court having jurisdiction with respect thereto and there has been a consequent failure of justice.
Suits for compensation for wrongs to person or movables.
19. Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plantiff in either of the said Courts.
 
 
Illustrations
 
 
(a) A, residing in 1[Chittagong] beats B in Dhaka.
 
 
B may sue A either in Dhaka or in 2[Chittagong].
 
 
(b) A, residing in 3[Chittagong] publishes in Dhaka statements defamatory of B. B may sue A either in Dhaka, or in 4[Chittagong].
Others suits to be instituted where defendants reside or cause of action arises.
20. Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction.
 
 
(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually or voluntarily resides, or carries on business, or personally works for gain; or
 
 
(b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually or voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
 
 
(c) the cause of action, wholly or in part, arises.
 
 
Explanation I.-Where a person has a permanent dwelling at one place and also a temporary residence at another place, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary residence.
 
 
Explanation II.-A Corporation shall be deemed to carry on business at its sole or principal office in Bangladesh or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.
 
 
Illustrations
 
 
(a) A is a tradesman in Dhaka. B carries on business in 5[Chittagong]. B, by his agent in Dhaka, buys goods of A and requests A to deliver them to the 6[Bangladesh Biman]. A delivers the goods accordingly in Dhaka. A may sue B for the price of the goods either in Dhaka, where the cause of action has arisen, or in 7[Chittagong], where B carries on business.
 
 
(b) A resides at 8[Cox's Bazar], B at Dhaka and C at 9[Chittagong]. A, B and C being together at 10[Khulna], B and C make a joint promissiory note payable on demand, and deliver it to A. A may sue B and C 11[at Khulna], where the cause of action arose. He may also sue them at Dhaka, where B resides, or at 12[Chittagong], where C resides; but in each of these cases, if the non-resident defendant objects, the suit cannot proceed without the leave of the Court.
Objections to jurisdiction.
21. No objection as to the place of suing shall be allowed by any appellate or revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.
Power to transfer suits which may be instituted in more than one Court.
22. Where a suit may be instituted in any one of two or 22. Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.
To what Court application lies.
23.(1) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.
 
 
(2) Where such Courts are subordinate to different Appellate Courts 13[* * *], the application shall be made to the 14[* * *] High Court Division.
 
 
(3) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
General power of transfer and withdrawal.
24.(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court Division or the District Court may at any stage-
 
 
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
 
 
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and
 
 
(i) try or dispose of the same; or
 
 
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
 
 
(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
 
 
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which thereafter tries such suit may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
 
 
(3) For the purposes of this section, Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court.
 
 
(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
Appearance of parties on transfer of suit, etc.
15[24A.(1) Where any suit is transferred under section 22, or any suit, appeal or other proceeding is transferred or withdrawn under sub-section (1) of section 24 on the application of a party, the Court ordering the transfer or withdrawal shall fix a date for the appearance of the parties before itself, if the suit, appeal or other proceeding is to be tried or disposed of by itself, or before the Court to which the case is so transferred.
 
 
(2) Where any suit, appeal or other proceeding is transferred from one Court to another, otherwise than on the application of a party, the parties thereto shall appear before the Court from which the suit, appeal or other proceedings is to be transferred, on the day already fixed for their appearance before that Court, and such Court shall then communicate the order of transfer to such parties and direct them to appear before the Court to which the suit, appeal or other proceeding is to be transferred, either on the same day, or on such earliest day as may be reasonable having regard to the distance at which the other Court is located.]
[Omitted]
25. [Omitted by the Schedule of the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960).]

Institution of Suits

Institution of suits.
26. Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed

Summons and Discovery

Summons to defendants.
27. Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed.
[Omitted]
28. [Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.]
Service of foreign summonses.
29. Summonses and other processes issued by any Civil or Revenue Court situate outside Bangladesh may be sent to the Courts in Bangladesh and served as if they were summonses issued by such Courts:
 
 
Provided that the 16[Government] has by notification in the official Gazette declared the provisions of this section to apply to such Courts.
Power to order discovery and the like.
30. Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party,-
 
 
(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;
 
 
(b) issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;
 
 
(c) order any fact to be proved by affidavit.
Summons to witness.
31. The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.
Penalty for default.
32. The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may-
 
 
(a) issue a warrant for his arrest;
 
 
(b) attach and sell his property;
 
 
(c) impose a fine upon him not exceeding five hundred Taka;
 
 
(d) order him to furnish security for his appearance and in default commit him to the civil prison.

Judgment and Decree.

Judgment and decree.
33. The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.

Interest

Interest
34.(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate as the Court deems reasonable on the aggregate sum so adjudged, from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit.
 
 
2) Where such a decree is silent with respect to the payment of further interest on such aggregate sum as aforesaid from the date of the decree to the date of payment or other earlier date, the Court shall be deemed to have refused such interest, and a separate suit therefor shall not lie.

Costs

Costs
35.(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.
 
 
(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing.
 
 
(3) The Court may give interest on costs at any rate not exceeding six per cent. per annum, and such interest shall be added to the costs and shall be recoverable as such.
Compensatory costs in respect of false or vexatious claims or defences.
17[35A.(1) If in any suit or other proceeding, including an execution proceeding, not being an appeal, any party objects to the claim or defence on the ground that the claim or defence, or any part of it, is false or vexatious, and if, thereafter, such claim or defence is disallowed, in whole or in part, the Court shall, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the objector, such cost by way of compensation which may, without exceeding the limit of the Court's pecuniary jurisdiction, extend upto twenty thousand taka.
 
 
(2) No person against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of any claim or defence made by him.
 
 
(3) The amount of any cost awarded under this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation in respect of such claim or defence.]
Cost for delay in making applications, etc., in respect of interlocutory matters.
18[35B.(1) If at any stage of a suit or proceeding, an application or written objection is not filed within the time fixed by the Court, such application or written objection, as the case may be, shall not be admitted for hearing without payment by that party of such cost to the other party not exceeding two thousand taka.
 
 
(2) If after filing of written statement, any party to the suit makes an application in respect of any matter which, in the opinion of the Court, could and ought to have been made earlier, and is likely to delay the main proceeding of the suit, the Court may admit, but shall not hear and dispose of the application, without payment by that party of such cost to the other party not exceeding three thousand taka, as it shall determine and direct, and upon failure to pay the cost, the application shall stand rejected.]

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Ministry of Law, Justice and Parliamentary Affairs