Civil Practice: Part 1 Issue I: The Stages of Civil Litigation - The Proceeding Stage and relevant ADR (Alternate

Dispute Resolution) Dear Brothers and Sisters, Assalamu A laikum Wa Rahmatullahi Wa Baraqatuh. This series known as Civil Practice roduced in order to enrich ourselves with the knowledge of Laws regarding Civil Pra ctice . I will try to put important information regarding Civil Practice in Banglade sh containing procedural and legal provisions and commentaries. Sometimes, compa rative analogy will be drawn in order to find out the distinctions and/or soluti ons. Please bear in mind that this is an initiative taken for the benefit of all of us who can be lawyers, law students or totally nave about law. So, don t worry, jo in and share your views. The Stages of Civil Litigation - The Proceeding Stage I) Issue of Plaint/ Institution of Suit: Under section 26 of CPC a suit gets ini tiated through the presentation of a plaint by the plaintiff. In filing the plai nt territorial and pecuniary jurisdiction of the relevant court has to be consid ered. In this case the lowest grade of a civil court competent to try a suit has to be the court where the suit will be instituted. The suit will be registered by the court officer/sherestadar 2) Issue of Summons/Process: After institution of the suit the court will issue summons to the defendant for him to appear and answer the claim. Section 27 and Order V of the CPC governs this area. 3) Service of Summons: The court summons together with a copy of the plaint of t he plaintiff is served to the defendant by the court officer using registered po st (as often it is the case). Order V of the CPC governs this area. 4) Return of summons and filing of written statements: The defendant has to appe ar in the court on the day fixed in the summons. On that day, he can either file his written statement or ask time to file the same in future but this has to be either on or before the day of first hearing (Order VIII Rule 1). There is a po ssibility of dismissal of the suit if the plaintiff fails to pay the amount requ ired for court fee or postal charges for service of summons (Order IX Rule 2) 5) First Hearing and Court s Examination of the Parties: On this day the court will examine the pleading of the parties by asking the parties or their pleaders abou t their approval or denial of the allegations made in the plaint or written stat ement. The admission/approval or denial will be recorded by the Court (Order X R ule 1). 6) Section 30 steps: The Court gives orders for delivery and answering of interr ogatories and/or discovery, inspection, production, return of documents etc. tha t can be material evidence and/or admission of documents and facts using this se ction. Order XI, XII and XIII govern this area. 7) Framing Issues: The court with or without the assistance of the advocates at this state will frame the issues. Issue in this context means the material facts or laws regarding which the parties are at variance. The court can adjourn the framing of issues for a future date if it appears to the court that inspection o r examination of documents or person not present in the court is required in ord er to frame the issues (Order XIV). There is no framing issues in case of small causes suit. 8) Settling a date for hearing: Upon framing the issues, the court can fix a dat e for settling the date of final or peremptory hearing (i.e. trial including exa mination in chief (XIC) and cross examination (XX)). On this date the parties fi

le their list of witnesses and apply for commission required for examination of any witnesses. The Court also fixes a date for final or peremptory hearing this day. These e day then tling days, the abovementioned stages 5, 6 & 8 are not the norms. Normally on th of framing issues the court fix a date for final or peremptory hearing and the trial stage begins without the need for fixing a separate date for set a date for hearing.

The Stages of Civil Litigation - The relevant ADR (Alternate Dispute Resolution) Under The Code of Civil Procedure (CPC): Mandatory Mediation Process: No mandatory mediation process during the pre-trial stage except in case of family matters under the Muslim Family Law Ordinance 19 61 and section 10 of the Family Courts Ordinance, 1985. Optional Mediation Process: Under section 89A of Code of Civil Procedure (CPC): The court may mediate except in the case of a suit under the Artha Ain 1990, aft er the filing of the written statement, in order to settle the dispute of the su it itself or refer the dispute to engaged pleaders of the parties or in case of no pleader, refer to a mediator from the panel prepared by District Judge under ss 10 of s89A. Optional Arbitration Process: Under section 89B of CPC: Upon application of the parties to settle the dispute through arbitration, at any stage of the proceedin g, the Court can allow the withdrawal of the suit and then it will be settled in accordance with Salish Ain 2001. Under the Artha Rin Adalat Ain 2003: Optional Settlement Process: Under section 21(1) of Artha Rin Adalat Ain 2003 th e court, if considers necessary, can call for a settlement conference after the filing of written statement. In this case the Court will be the chairman of the settlement conference [Section 21(2) of Artha Rin Adalat Ain 2003] Optional Mediation Process: Under section 22(1) of Artha Rin Adalat Ain 2003 the court, if no action for settlement is taken under section 21, after the filing of written statement can send the matters to the parties or their advocates for mediation and meanwhile the proceedings will be stopped. However, if the parties apply to the court for mediation, then it becomes obligatory for the court to s end the matter for mediation. -End of Part 1 Issue 1