Skip to main content

HSC English First Paper English For Today - Unit 7 Lesson 1 Brojen Das

What is Suit of Civil Nature

Question-1: What do you understand by suit of civil nature? How does a party file a suit?

Answer to question no. 1:

Suit of Civil Nature:

According to section 9 of the Code of Civil Procedure, 1908, a Civil court can try all suits of civil nature. Generally, 'suit of civil nature' means a suit which principally involves the question of right of the citizens. Where the question of right and duty of a citizen is involved and someone violates that right, the cause of action of a civil suit arises. According to section 9 of the Code of Civil Procedure, court shall try all suits of civil nature unless expressly or impliedly barred.

According to the explanation of section 9, when the right to property or right to office of a citizen is the principal question of a suit, it shall then be a suit of civil nature and shall be under the jurisdiction of a civil court. Therefore, a suit in which the right to property or the right of office is contested, shall be called a suit of civil nature.

Where in a suit the right to property or right to office is contested and although that right totally depends on the settlement of the question of religious ritual or performance, it shall be a suit of civil nature. Therefore, if the subject matter of the suit is not civil in nature, the suit cannot be tried in a civil court. During taking cognizance of a suit, a civil court shall take into account 2 matters:

1. Whether the suit is of civil nature?

2. Whether there is any express or implied bar in taking cognizance of the suit?

Example of a suit of civil nature:

1. A suit for recovery of immovable property

2. Suit for foreclosure or redemption

3.Suit for determination of any other title or right to immovable property.

4. Suit for compensation.

Procedure of Filing a Civil Suit of Civil Nature:

According to section 26 and order 4, rule 1 of the Code, every civil suit is to be filed by the presentation of a plaint. Some provisions of filing a civil suit are described below.

According to section 15 of the Code of Civil Procedure, every suit shall be filed in the lowest competent court having jurisdiction. To find out the court having jurisdiction, the pecuniary jurisdiction of the court is to be known. Therefore, according to section-6 of the Code of civil Procedure, a plaint is to be filed to the court having pecuniary jurisdiction according to the value of the suit.

Generally, if the right of a person is infringed, he shall after mentioning the cause of action, when the cause of action has arisen, how the plaintiff has been affected, or which of his rights have been infringed by the defendant, the subject-matter of the suit, the relief claimed and the value of the subject matter, file the plaint before the court or to the sherestadar appointed by the court.

Moreover, at the time of filing the suit, the wokalatnama, the deed or documents upon which the proof of the plaintiff's suit depends, necessary court fees, the acknowledgment due for serving the summons or summons through post are to be filed with the plaint.

After filing of the plaint, the sherestadar examines the errors. If everything of the plaint are okay, the sherestadar shall record its description to the suit filing registrar and describing the value of the suit, court fees, process fees, jurisdiction etc. shall file the plaint before the Court. If the court finds that the report is admissible, it shall primarily accept the suit and provide the first order in the order-sheet. Thus a civil suit is filed.

YouTube video on What is Suit of Civil Nature

Labels:
Location: New York, NY, USA

Popular posts from this blog

Write a paragraph on Pahela Baishakh পহেলা বৈশাখ

Write a paragraph on Pahela Baishakh (পহেলা বৈশাখ) Pahela Baishakh Pahela Baishakh is the part of our culture. It is the first day in Bangla calendar. This day is celebrated throughout the country. The main programme of this day is held in Ramna Botamul. Different socio-cultural organizations celebrate this day with due solemnity. People of all sorts of ages and lives attend this function. Colourful processions are brought out. Watery rice and hilsha fish are served during this function. Women and children put on traditional dresses. The whole country wears a festive look. Different cultural programmes are arranged where singers sing traditional bangla songs. Discussion meetings are held. Radio and television put on special programmes. Newspapers and dailies publish supplementary. Fairs are held here and there on this occasion. Shopkeepers and traders arrange ‘halk hata’ and sweet-meats are distributed. In villages, people go to others’ houses and exchange greetings. Thus Pahela Baisha...
Read more

Write a paragraph on environment pollution পরিবেশ দূষণ

Write a paragraph on environment pollution (পরিবেশ দূষণ) Environment Pollution Environment pollution means the pollution of air, water, sound, odour, soil and other elements of it. We need safe and clean environment. Pollution of it has tremendous bad effects. Any sort of pollution may bring the doom of life. At present, our environment is being polluted at an alarming rate, Air, the most important element of environment is polluted by smoke from railway engines and power-houses, or the burning of coal and oil or the making of bricks. Water, another vital element is being polluted by the use of chemicals and insecticides or oil seeping from damaged super tankers or by industrial discharge. Sound pollution is caused by the use of microphones and loud speakers. All these pollutions may wipe out our existence from the earth. The destruction of forest also causes environment imbalance that makes the wild animals wipe out. So, it is our moral duty to prevent environment pollution. We must ...
Read more

Ecotourism -Read the passage and answer the questions Unit 9 Lesson 3c English For Today

Read the passage and answer the questions Ecotourism is a booming business that many tour operators cite as being helpful to nature.(পরিবেশবান্ধব পর্যটন শিল্প একটি দ্রুত সমৃদ্ধিময় ব্যবসা যা পর্যটন পরিচালনাকারীবৃন্দ প্রকৃতির জন্য সহায়ক বলে আখ্যায়িত করেন) Every year, millions of people descend on protected and pristine natural areas to observe rare species. (প্রতি বছর, লক্ষ লক্ষ মানুষ দুর্লভ প্রজাতির প্রাণীগুলোকে দেখতে সংরক্ষিত এবং বিশুদ্ধতা বিরাজমান আছে এমন প্রাকৃতিক অঞ্চল ভ্রমণ করে থাকে।) However, a new report casts doubt on the value of this form of tourism.(যাহোক, একটি নতুন ধরণের পর্যটনের উপকারিতাকে সন্দেহের নজরে দেখছে।) In fact, it suggests that ecotourism is more damaging than helpful to nature. (বাস্তবে, এটি পরামর্শ দিচ্ছে যে পরিবেশবান্ধব পর্যটন শিল্প প্রকৃতির জন্য সহায়কের চেয়ে অধিকতর ক্ষতিকর।) Details are in a report published in the journal Trends in Ecology and Evolution’. (‘ট্রেন্ডস ইন ইকোলজি অ্যান্ড ইভোলিউশন’ সাময়িক পত্রিকায় প্রকাশিত একটি প্রতিবেদনে বিস্তারিত বলা হয়...
Read more