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 complaint clearly shows the cause of action of the suit and must be cautious that the suit is not barred by limitation, otherwise, a complaint may be rejected under order VII, rule XI of the said Code. Appropriate legal counsel may be sought to check the above-mentioned 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 complaint 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 complaint, vokalotnama (power given to Lawyer by client), list of documents upon which the claimant(s) rely on, process fee, notice of summons, copies of the complaint as required depending on the number of defendants.
Thereafter, the complaint 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 complaint as soon as it is filed. When all the above procedures are completed, a civil suit starts its journey.
ABOUT THE AUTHOR: Barrister Md. Hafizur Rahaman Khan
Advocate & a Barrister of Middle Temple (UK)
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.