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Discuss the stages of a civil suit.
The Stages of a Civil Suit
The judiciary of Bangladesh follows the adversarial system. There are two contesting parties, namely, plaintiffs and defendants. Court plays a non-partisan role. The proceedings of a civil suit are controlled by the Code of Civil Procedure. The stages of a civil suit are divided into three parts:
1. Pre-trial stage
2. Trial stage
3. Post-trial stage
Pre-trial Stage:
The stages of pre-trial stage are stated below:
1. Filing of a suit and forming the plaint:
According to s.26 and rule-1 of order 4 of the Code of Civil Procedure, every civil suit is filed by the presentation of plaint. Court may return the plaint under rule 10 of order 7 where the suit is filed in the wrong court. Again, if the conditions of rule 11 order 7 are not fulfilled, court may reject the plaint.
2. Issue of summons:
Issue of summons is the next step after filing of the plaint. Summons may be issued in two steps, i.e. by the serving officer or service by post by the sherestadar of the court.
3. Filing of written statement:
According to rule 1 order 8, the defendant shall file a written statement within 30 days after receiving the summons. If the defendant fails to file written statement within 30 days, he may be allowed more 30 days by the court. If he fails to submit written statement within the stipulated time, the court may dispose the suit ex-parte.
4. Alternative dispute resolution:
Court shall, after the filing of written statement, order for mediation between the parties under the power of section 89A of the Code of Civil Procedure.
5. Framing of issues: (Order 14, rule 1-6)
Issues shall be framed within 15 days from the first hearing of the suit or the filing of the written statement whichever is later (rule 1, order 14),
6. Step under section 30:
Discovery and inspection: Order 11
Admission: Order 12
Production, impounding and return of documents, Order 13
Appointment of commission: Order 26
7. Fixing the date of final hearing:
After issues are framed, the court shall, within 120 days thereof, fix a date for final hearing of the suit. (Rule 8, Order 14 of the Code of Civil Procedure)
Trial Stage: Beginning of the Peremptory hearing
The steps of trial stage are discussed below:
The hearing of the suit is to be completed within 120 days from the beginning of peremptory hearing. (rule 19, order 18)
Examination in chief
Cross examination
Re-examination
Arguments
Declaration of judgment and decree; order 20, section 33
Post trial stage:
The steps of post trial stage are discussed below:
Execution of decree (order 21, ss. 36-47)
Appeal (ss. 96-112, order 41, 43)
Revision (s.115)
Review (s.114)
These are the stages of a civil suit.