Dhaka International University

Research Monograph
ON
Delay In The Disposal Of Civil Suits An Analysis.
Course Title: Research Monograph
Course Code: LL.BH-1205

SUBMITTED TO:

Assistant Professor
Department Of Law
Dhaka International University

SUBMITTED BY:
Name:
Roll:
Batch: 50thA
Registration No: Semester: 12th
Program: L.L.B.(Hon’s) Day
Department of Laws
Dhaka International University

Date of Submission:- - - - - - - - - - - - - -

1
 Letter of Transmittal

21th November 2020

To

Subject: Submission of Research Monograph

Dear Sir,

It is my pleasure to submit the dissertation of “ Delay In The Disposal Of Civil Suits

An Analysis” which is requirement of LL.B program. I tried my best to complete this

dissertation properly and submitting this for your kind consideration. I hope that this up will
fulfill your expectation. I am always available for any clarification of any part of this research
at your convenience.

I requested and hope that you would be kind enough to accept my dissertation and oblige
thereby.

You’re sincerely,
A

2
 Acknowledgement

The author is immensely grateful to all of them who have given guidance, help and co-
operation during the tenure of the study. Although it is not possible to mention every one by
name, it will be an act of ungratefulness if some names are not mentioned here.

I would like to acknowledge the untiring inspiration, encouragement and precise guidance
provided by my respected teacher and supervised by (Mrs. Rokasana Akther, Assistant
Professor Dhaka international University, Department of LAW) her constructive criticisms,
continuous supervision and valuable suggestions were helpful in completing the research and
writing the manuscript.

I take the opportunity to express my appreciation and hearties thanks to my entire respected
teachers of the Department of Law for their proficient teaching and helpful advice.

Declaration

I hereby do solemnly declare that the work presented in this dissertation has been made by
me and this report is a piece of original research work, prepared for partial fulfillment of
requirement for the award of the degree of the Bachelor of law.
I further undertake to identify the university against any loss or damage or damage arising
from breach of the forgoing obligation.

3
 Table Of Contents

 Chapter-1
INTRODUCTION
1.1 Introduction.
1.2 Objectives of the Study.
1.3 Methodology.
1.4 Scope & limitation.
1.5 Abstract.
 Chapter-2
Historical Background & Development
2.1 Background & history
 Chapter-3
3.1 Justice delayed is justice denied
 Chapter-4
Effects of Delay
4.1 Roots Behind The Reasons For delaying In Disposal Of Suits.
4.2 Defects In The Procedural Law.
4.3 Dangers of Delay.
4.4 Causes Of Delay In Civil Litigation.
 Chapter-5
5.1 Analysis Of Data.
 Chapter-6
Conclusion Parts
6.1 Findings.
6.2 Recommendation.
6.3 Conclusion.
6.2 Bibliography.

4
 [Chapter-1]
Introduction
Delay in the civil suit is a very big problem in Our Country. Where people go to the court to
fixed their right but they are discouraged from the delay in the suit and deprived of proper
relief. Delayed justice is the means of inflicting injustice through the process of law.
Delay in our judiciary has reached a point where it has become a factor of injustice, a violator
of human rights. Praying for justice, the parties become part of a long, protracted and
torturing process, not knowing when it will end. Where it should take one to two years for the
disposal of a civil suit, a case is pulled for 10 to 15 years, or even more. By the time
judgment is pronounced the need for the judgment in certain cases is no more required.
Moreover, in a society of class differentiation, the lengthy process, which is adversarial and
face to face in nature, puts the economically stronger party at an advantageous position. If the
judiciary functions substantively and in accordance with the procedural laws, an existing
wide scope for delays, can transform it into a system which becomes procedurally hostile
towards terminal sections of our people, defeating the goals of social justice. So, suitable
recommendations and suggestions are expected with a view to finding out a framework of
effective administration of civil justice and a uniform system for speedy disposal of cases.
This research goes over the issues arising out of procedural loopholes that inspire virtual
difficulties in the speedy disposal of suits and concentrate possible way out in order to
overcome those issues.
“Justice I year” rightly says," Delayed justice is the means of inflicting injustice through the
process of law."1The delay in the judicial system causes a backlog, growing backlog puts
extraordinary pressure on present cases is the harassed and worrying problems in our country.
That's why most of the civil case runs a long period. Our legal system bears testimony to the
residual of the British laws. The adversarial systems are generally responsible for the delay in
civil suits in our country. Every year a very large number of civil suits are instituted in the
civil courts of Bangladesh but the small number of cases is disposal that year. As a result, a
large number of suits are pending in those courts. It is also found that the pendency of cases
in rising at the rate of 10%per year.2The lack of a sufficient number of judges and courts
force a judge to deal with five to six thousand cases in a year. The procedural delay allows

1
Md.Nur Islam, Informal Justice System: Bangladesh Perspective, 54 DLR (2002), Journal
Section, pg-36.
2
Dr Rafiqul Islam Mehedi, Civil Litigation in Bangladesh,1st edition; pg-175.

5
the cases to be lengthy. Lawyers in some cases also play their part in delay because more
delay will ensure more earning for them.
Objectives of The Study
The delay problem of cases has been reached a point that it is incapable of being crossed and
it has become a factor of injustice.
 The main objective of this chapter is to suggest how to make justice delivery in
Bangladesh speedy, effective, transparent, accessible and affordable to the people in
general. Where it should take 2 month to 6 month for the disposal of a civil suit,but it
takes five to ten years, or even more. For this purpose in November 2007 lower judiciary
of Bangladesh was separated from the executive. But mere separation of lower judiciary
is not enough to improve the condition of justice delivery in the country. This needs
other reforms with which the present study deals.
So, it is the high time to take proper attempts to get remedy against such delay. An essential
requirement of justice is that it should be applied as quickly as possible.

Methodology

The study is qualitative in nature and based on secondary sources of materials like journal
articles ,books, Government orders, newspaper information etc.Relevant literature has also
been collected through by internet and website.
The Research methodology used for the present research article is traditional doctrinal
research method. As most of the information can be sought from the available
literature by referring articles, journals, books, internet and websites article etc.

Scope and Limitations

There is lot of limitation at field of study of this research. Notable patterns emerge from this.
First that, there has been little change personal status legislation beyond procedural
mainstreaming. Secondly, I can’t lot of data in online. Lack of available book and journal in
our university library is another limitation. So I have to work with this limitation.

6
 Abstracts of Chapters
The First Chapter of this  research has stated about the introduction,objectives of the
study,research methodology,limitation of the study and abstract of chapters,

 The Second Chapter has discussed about the historical background of Delay in Civil Suits
Which Defects Equity an Analysis,

  The Third Chapter is about the most famous maxim justice delayed is justice denied

 The Fourth Chapter of the research has discussed about the roots behind the reason for
delaying in the Civil Suits & also discuss about defects of delay, Dangers Of delay, Causes of
delay in the civil suits.

The Fifth Chapter of the research is about the Analysis of Data & information.

  The Last Chapter has stated the finding of the research along with the recommendation
and conclusion.

7
 [Chapter-2]
Background & History

When Bangladesh was liberated from the occupation forces of Pakistan on the 16th of
December 1971 and in the year 1972 there were 18 District Judges,19
Additional(District)Judges,2 Special Judges,39 Subordinate Judges(since 2001 designated
Joint District Judges)including one Small Cause Court Judge and 119 Munsifs(since 1983
designated Assistant Judges)in total 197 judicial officers in the subordinate Civil courts. In
that year 30,244 units were instituted including 26,909 title suits and 3,331 money suits. there
were 57,737 suits pending for trial at the end of the previous year,18,316 suits were revised
and 3,693 suits were received otherwise making a total of 1,09,990 suits. Excluding transfer
39,333 suits were disposed of by the Munsifs, 6,029 by the Subordinate Judges,87 by Small
Cause Court Judges and 98 by District and Additional(district)Judges and thus in total 45,547
suits were disposed of by these judicial officers. Of the number of suit was disposed of in that
year 26,783 were decided without trial,10,934 exparte,140 on admission of claim,3945 on
compromise,3,735 by full trial and 60 on reference to arbitration. Of the 3,735 suits decided
after full trial 2,394 or 64.09 percent resulted in favor of the plaintiffs and 1,341 or 35.91
percent resulted in favor of the defendants. The number of applications for an order to set-
aside expert judgment or judgment on default preferred during that year was 12,045.Out of
those 7,375 or 61.23 percent were successful. Of 39,333 suits disposed of by the Munsifs
average number of suits decided by each Munsifs was 331 suits.But number of suits decided
by Munsifs after full trial was 3,189 or 8.1 percent of the total. The average number of suits
decided after full trial by each Munsifs was 27.The percentage of suits disposed of after full
trial by Munsifs under the ordinary procedure was 8.01 and that under Small Cause Court
procedure was 09.The number of original suits disposed of by the Subordinate Judges during
that year was 6.029.The number of suits decided under the ordinary procedure was 5,806 and
under the Small Cause Court procedure was 223.3

Since 1982 administration of civil justice in the courts subordinate to the High Court Division
was reorganized and decentralized. Before decentralization of the subordinate judiciary with
the creation of Upazila(Thana)Courts there were posts of 19 District Judges,59

3
Md. Shafiur Rahman,A Study On Delay Of Civil Suits Of
Bangladesh,http://ijariie.com/AdminUploadPdf/A_STUDY_ON_DELAY_OF_CIVIL__SUI
TS_OF_BANGLADESH_ijariie9581,accessed 02 October 2020

8
Additional(District)Judges,75 Subordinate Judges and 132 Assistant Judges. The Upazila
system was implemented on and from 7, November 1982 and the last Phase was completed
on 1, February 1984 and post of Assistant Judge was created for each Upazila(Thana)457
post of
Assistant Judges were created but actually 354 assistant Judges were posted till 30th June
1984 and 103 Upazila courts of Assistant Judges remained vacant for want of sufficient
number of cases in those courts and put under the charge of the Assistant Judges of the
neighboring Upazila(Thana)Courts. Then by phases 42 Sub-Divisions were upgraded to
Districts thereby increasing the total number of District to 64.Excluding the three Hill
Districts number of District Judges was increased to 61 by mid-eighties. Similarly number of
additional and Subordinate Judges were increased to 63 and 76 respectively. Thus number of
Judges in the subordinate judiciary increased about three times, with the reorganization and
decentralization of subordinate judiciary.The number of judges in the courts subordinate to
the High Court Division up to 15.04.2011 was 1.066 and out of those about 450 have been
performing the functions of Judicial and Metropolitan Magistrates. It may be mentioned that
out of sanctioned post of 1396 judicial officers number of vacant posts was 330 up to April
2011. Let us now consider the impact of such reorganization, decentralization and increase
of number of Judges on the disposal of cases and efficiency of the Judges.

After reorganization and decentralization of the subordinate judiciary in 1988 there were 61
District Judges,Additional (district) Judges, 76 Subordinate Judges and 354 assistant Judges,
in total 554 Judges in the,subordinate courts. They disposed of 1,15,870 civi8l cases out of
4,77,900 civil cases in that year including the cases decided exparte, on default and on
compromised. On the other hand in 1994 there were 61 district Judges,70 additional (District)
Judges, 163 Subordinate Judges and 359 Assistant Judges, in total 635 Judges in the
subordinate courts. They disposed of 92,995 civil cases out of 3,29,302 civil cases in that
year including the cases decided exparte, on default and on compromise. Similarly in 1998
there were 61 District Judges, 116 Additional (District) Judges, 172 Subordinate Judges and
299 Assistant Judges in total 658 civil Judges and in that year out of 4,82,011 civil cases they
had disposed of 1,07,020 cases leaving 3,74,091 cases pending for disposal. 17 Thus rate of
disposal of civil cases in 1982 was 22.16% in 1988 was 24.25%, in 1994 was 28% and in
1998 was 22.20%. If the increase of number of Judges in the subsequent years is taken into
consideration whereas in 1982 rate of disposal of civil cases by each Judge was 402, in 1988

9
was 209, in 1994 was 127 and in 1998 was 162 and thus it is apparent that the efficiency of
the Judges had been gradually decreasing.4

In 2005 about 688 judges disposed of 1,48,684 cases out of 5,83,708 civil
cases and thus rate of disposal was 25.47% and disposal per judge was 216 cases in that year.
From the above it appears that whereas in 1998 disposal per Judge was 162 cases, in 1999
disposal per Judge was 167 cases, in 2000 disposal per Judge was 178 cases, in 2001 disposal
per Judge was 178 cases, in 2001 disposal per judge was 190 cases, in 2002 disposal per
judge was 205cases, in 2003 disposal per Judge was 203 per cases, in 2004 disposal per
Judge was increased to 213 cases and in 2005 disposal per Judge increased to 216 cases.
Whereas between 1982 to 1998 efficiency of Judge was found to be gradually deceasing
between 1999 to 2005 it is found to be gradually increasing if we take into the consideration
number of disposal of civil cases per Judge which rose from 162 cases in 1998 to 216 cases in
2005. This increase in the efficiency of Judges is due to among others to better training
facilities in the judicial Administrative Training Institute and it is hoped that efficiency of
Judge would further increase in the coming years through such training in the year 2006
about the same number of Judges disposed of 1,48,563 cases out of 6,17,059 cases and thus
rate of disposal was little more than 24% and disposal per Judge was 215 cases. In the year
2008 about 600 Judges disposed of 1,37,280 cases out of 6,98,819 cases and thus rate of
disposal was about 20% and disposal per Judge was 228 cases. In the year 2010 about the
same number of Judges disposed of 1,31,323 cases Court of 6,55,705 cases and thus rate of
disposal was 20% and disposal per Judge was 217 cases. From the above it appears that due
to separation of judiciary in 2007 the number of Judges for disposal of civil cases decreased
resulting in the decrease of rate of disposal of cases in the subsequent years.5

4
Report of the Supreme Court of Bangladesh in 1989 and also data supplied by Supreme
Court office on (29.5.2000),
http://ijariie.com/AdminUploadPdf/A_STUDY_ON_DELAY_OF_CIVIL__SUITS_OF_BA
NGLADESH_ijariie9581pg-4,accessed 03october 2020
5
Report of the Supreme Court of Bangladesh,(07 june 2000),
http://ijariie.com/AdminUploadPdf/A_STUDY_ON_DELAY_OF_CIVIL__SUITS_OF_BA
NGLADESH_ijariie9581,accessed 03october 2020

10
 [Chapter-3]
Justice Delayed Is Justice Denied
‘Justice delayed is justice denied’ is a very common Maxim in the judicial domain.It is one of
the most acute problems in the administration of justice.This process of justice is so vague
and miserable for the mass people that it cannot be explained in a word.There are many
example that poor people who went to court to address their grievances after selling off their
lands and property to meet the expenses of the court,but did not get justice in their lifetime.At
present,the only demand of mass people is the speedy approach to justice.Certainly‘speedy
approach to justice’ is gradually getting the status of an important human right which is also
denied by some administrators in justice and the helpless people continue to be dominated by
them.This day,the judiciary organ is an independent organ in our country from the
executive.So,it is high time to adopt effective steps to dispense our justice as early as
possible.6
How much pain the delay process of justice involves need not be explained.This picture of
justice is very much dreadful for our poor citizens.It is generally seen that a case is still
hanging in court,which began more than 10 years ago.There are many victims who don’t
easily think of going to court seeking justice because they know it will take years to prove a
clearly visible wrongdoer is the actual criminal.
Moreover,the impact of this unusual delay in disposal of cases falls on the victims.Due to
delay in litigation,people become annoyed to obtain proper justice at any stage and also
develop a negative outlook in their mind about the total judiciary schemes including
judges,lawyers,associates and the administration of justice etc.7
The process of delay in litigation is equally known to all and nevertheless it may sound
inconsistent with due process of law.The fact remains that the very cases are misused and
abused in order to delay cases for an indefinite period and ultimate success in the cause often
proves false.Now,law is an effective weapon in the hands of the state to mitigate the social
needs by ensuring proper justice in time.Such effort of law is liable if justice fails to mitigate
the misery of the mass people due to delay in litigation only and the faith in justice can never
be instilled in the mass people if the state doesn’t ensure the speedy process of justice.
6
Justice Delayed is Justice Denied: A Case for a Federal Employees' Appeals Court". U.S.
House of Representatives.(November
9,2005)https://www.google.com/books/edition/Justice_delayed_is_justice_denied_a_case/p8
QsGPvZl_0C?hl=en&gbpv=1&dq=%22Justice+delayed+is+justice+denied
%22&pg=PA1&printsec=frontcover,accessed 05 October 2020
7
Sultan Mohammad Wohid,'Justice delayed is justice denied',(July 5 , 2008),https://sandbox-
bn.thedailystar.net/law/2008/07/01/corridor.htm,accessed 06 October 2020

11
 International instruments for reasonable disposition of cases

1. American Convention on Human Rights (ACHR) adopted at November 22, 1969

Article-8 says that,
“Every person has the right to a hearing, with due guarantee and within a reasonable
time.” 8
2. The International Covenant on Civil and Political Rights (ICCPR), December 16,1966,
article-14 says that:
“In the case of criminal charge, cases must be disposed by courts without undue
delay.Disposal includes commencement, end and judgment in the case.”9
3. The African Charter on Human and Peoples' Rights June 27 1981 Article-7
This provides:
"Every individual shall have the right to have his cause heard. This comprises: the right to be
tried within a reasonable time".10
4. The Convention on the Rights of the Child Article 40(2) (b) (iii)
States that:
“Every child accused of violating penal law has the right to have the matter determined
without delay.”11
5. European Convention on Human Rights (ECHR) 1950 Article-6
Provides that:
"In the determination of his civil rights and obligations or of any criminal charge against
him, everyone is entitled to a fair hearing within a reasonable time"12
[Chapter-4]
DANGERS OF DELAY
8
American Convention on
Human Rights (ACHR) adopted at November 22 1969 ,Article-8
9
The International Covenant on
Civil and Political Rights (ICCPR), December 16,1966, article-14
10
The African Charter on
Human and Peoples' Rights, June 27 1981 ,Article-7
11
The Convention on
the Rights of the Child Article-40(2) (b) (iii)
12
European Convention on
Human Rights (ECHR) 1950 Article-6

12
The most important purpose of the Judiciary is to ensure the protection of the innocent.Delay
invites a lot of problems and prolong pendency of cases causes serious repercussions on the
public.An effective,fair and expedient trial is the fundamental right of every citizen.The
Supreme Court in recent years by invoking Article 21 have tried to give some relief to people
in this regard.13Some of the dangers which could be caused as a result of the delay in
litigation is discussed below:-

Non-appearance of the witness:-

Many times the witnesses do not come to the Court because they realize that the procedure of
the Court is complex,slow,lengthy and time-consuming.In many cases,the witnesses are not
available due to death,address not known,transfer,etc

Faith of the common people in judiciary loses:-

When a judgement arrives too late it contributes to a negative model of the judiciary in the
eyes of the common man.Common people’s faith in the judicial system is lost and they find it
difficult to inspire confidence again which leads to a serious implication on the justice system
of the country.

Remedies made available are of no use:-

If remedies are made available to the party but the judgment is not delivered within a
reasonable time the purpose of justice would be frustrated and it would eventually mean
denial of justice.For instance,a simple partition suit taking 15 years’ time to be finally
disposed of.

Wrongdoer gets the chance to avoid litigation:-

Delayed justice encourages the culprit to evade the law to the prejudice of the opponent.In the
majority of cases,the culprit escapes liability taking advantage of the situation.Sometimes it
might also happen that the opponent agrees to the terms of the wrongdoer or loses the case
altogether.

Memory of the witness and the Judge fades:-

Sachi Ashok Bhiwgade,Delay in Civil Litigation: Overview and Analysis(December 17,

13

2019),https://blog.ipleaders.in/delay-in-civil-litigation/,accessed 10 October 2020.

13
As a consequence of the delay in a trial,the memory of the witness fades,he is not able to
recollect the correct sequence of the happenings or forgets the event and in certain cases even
dies and the important evidence in a case becomes stale and the party having a strong case
might even lose.Even the Judge who hears the arguments fail to recall the arguments or
remember them in parts or even forget it to the prejudice of the parties.

Mental and physical agony to the party to the suit:-

Sometimes,when a case is stretched for a long time it causes mental and physical suffering to
the party to the suit.

Roots Behind The Reasons For Delaying In Disposal Of Suits

The volume of backlog of cases,the loopholes and complexity in the procedural law and
case management system and widespread corruption and malpractices are among a number of
factors which delay and deny access to justice for many.The court machinery is
overloaded,slow and not easily accessible to all.
The delay in civil cases can be addressed from two standpoints:-
1. Unintentional and 2. The other is intentional.
Compulsory or unintentional delay occurs out of our age old legal system.There is a fertile
field in the Code for a clever lawyer to prolong and delay proceedings to any length of
time.It is an unbreakable elastic piece of legislation,which enables all in parts dealings in
litigation.Our adversarial system of trial is mostly responsible for the delay in civil
cases.On the other hand,intentional delays take place mostly by the persons who are
instrumental in administration of justice and more specifically the lawyers and parties to
the suit.Both the Bar and the Bench are two arms of the same machinery and unless they
work harmoniously justice cannot be properly administered.The Law Commission of
Bangladesh extremely observed that due to delay in justice,people are starting to lose their
confidence in the Judiciary,foreign investment are cutting down.14
Causes Of Delay In Civil Litigation
Actually,delay in litigation is still prevailing in the field of civil justice.The majority of
litigation,delay in disposal and causes for miscarriages of justice in civil cases spell nerve
breaking the tension,torment and financial strain on the litigants.Delay in our judiciary has

Mohammad Mizanur Rahman Chowdhury,a Study On Delay In The….Bangladesh

14

Perspective(31 August 2013), https://www.tijoss.com/TIJOSS%2014th

%20Volume/3mizanur.pdf,accessed 08 October 2020

14
reached a point where it has become a factor of injustice,a violator of human rights.Delay in
civil justice in Bangladesh is caused for many reasons.15
There is a fertile field in the Code of Civil Procedure,1908 for a clever lawyer to prolong and
protract proceedings to any length of time.

There are numerous reasons responsible for the resolution of cases in a timely
manner.Some of the important causes are discussed here:-

1. Deficient number of courts:-

The Law Commission in its 254th report mentions the establishment of additional courts for
speedy disposal of cases.An insufficient number of courts is viewed as a significant
problem.Further,the suggestion for the creation of additional courts to the Law Commission
was also given in the matter of Imtiyaz Ahmad v.State by the Supreme Court.16

2. Application for amendments of pleading:-

Scope for frequent amendments of the plants and written statements at any stage of the trial
causes a delay in civil litigation.The absence of lawyer-client accountability giving the
lawyer monopoly to conduct the case the way she considers best suited to her/his own
interest,even to linger and delay the process.The Court is empowered by Order 16,rule 17 to
allow the application for amendment of pleadings at any stage of the
proceedings.Generally,the application for amendment of a pleading is allowed for the
purpose of determining the real question of controversy between the parties.It is true that
there may be cases where amendments are necessary.But there is no time prescribed for
seeking amendments relating to a fact after the pleadings were filed.

15
Abdullah Nizamani,Causes of Delay in Disposal of Civil Suits and Solutions to Address
Them( March 25, 2019),https://courtingthelaw.com/2019/03/25/commentary/causes-of-delay-
in-disposal-of-civil-suits-and-solutions-to-address-them/,accessed 15 October 2020.
16
Imtiyaz Ahmad vs State Of U.P.& Ors on 2 January,2017.

15
3. Delay due to the Litigants:-
It is found that the respondents verified that delay on the behalf of litigants is for the
following reasons:-
I. lack of legal knowledge,
II. failure to produce witnesses;
III. intentional time killing,
IV. malicious prosecutions,
V. delay in submission in a written statement and lack of client to client interaction.

4. Slow Process In Service Of Summons:-

A great deal of delay occurs in summon service,processes filed by the parties are not
promptly sent to the nazir for service.Though summons must be filed along with the plaint in
practice,it is not strictly observed.The slow process of service of the summons further slows
down by the intentions of the parties concerned,indicating a poor state of court
administration.Processes filed by the parties are not promptly sent to the Nazir for necessary
action and process service returns are also not sent to the sheresta of respective courts from
nazarat in time.
Under the present procedural system,the process-server is the most powerful person without
being responsible for his failure to serve a summons in time.This makes him shirking his
work;as a result,more often summons is returned with the endorsement of‘party not
found',‘address not known'and most of such endorsement are bogus and not genuine.

5.No use of ADR

In seeking solutions through alternative dispute resolution role of judges and lawyers
representing the parties is very important.It is the lawyers who are to convince the parties that
solution of the disputes outside the court is for the mutual benefit for them as it is cost
effective and time saving.Initiating of resolving disputes may come from the presiding judge
but while initiating such settlement the judge must be very careful so as to guard the chair
from slur of any nature.

16
6.Failure of the parties to present:-
Dismissal for default followed by miscellaneous cases under Order IX Rule 4 and rule 9 of
the Code of Civil Procedure17for the restoration of suits is a regular feature.Intentional non-
appearance and absence by the filing of a petition for adjournment result in the dismissal for
default to linger the course of litigation.Such malpractice needs to be discouraged because
orders passed by the trial courts in such miscellaneous cases give rise to miscellaneous
appeals consuming much time in the disposal of the original suit.
However,responsible and conscious discharge of professional duties by the lawyers can only
fight out such unbecoming practices.Appearance on the date of exparte disposal seeking
adjournment for filing of W.S.and rejection of such petitions for adjournment is followed by
miscellaneous appeal creating deadlock and setting aside of the exparte order by the appellate
courts in terms of liberal construction enabling opportunity to the other side to contest the
original suit consume much time to dispose of the original suit.

7.Presentation of plaint without documents:-

According to the Code of Civil Procedure,1908 provides that where the plaintiff relies upon
documents in his possession or power as evidence in support of his claims,he shall produce
them in Court when the plaint is presented and shall at the same time deliver the documents
to be filed with the plaint.But it is observed that when the summons is ordered to be served
upon the defendant a copy of plaint only without copies of documents is served upon him.
As a result,defendant appears in response to the summons,he seeks an adjournment for filing
his written statement on the ground that he has to make an inspection of the documents and
other issues relied upon by the plaintiff in his plaint and this usually causes an unusual delay
in disposal of the proceedings.
8. Lack of strict adherence
Lack of strict adherence to time-frames or time-limits prescribed by laws(Section 339C of
CrPC)18(Order VIII Rule 1,Order XVIII Rule19 of CPC)19,Section 20 of Nari O Shishu
Nirjatan Domon Ain,200020provisions on speedy trial court and tribunal)for the proceedings
and disposal of suits at different levels,and skipping them by various exception and extra-
ordinary clauses.The problem is accentuated by the controversy of directory or mandatory

17
Order IX Rule 4 and rule 9 of the Code of Civil Procedure,1908
18
Section 339C-The Code of Criminal Procedure 1898
19
Order VIII Rule 1 & Order XVIII Rule 19-The Code of Civil Procedure 1908
20
Section 20-Women & Children Violence Protection Act 2000

17
character of the time limit provisions,and Supreme Court judgments(Fazlul Haque vs.Tohed
Ali 47 DLR 326)21and(Lal Mamud vs.Seraj Miah 45 DLR 638)22on the directory nature of
most of such provisions.

9.Frequent&Unnecessary adjournments:-
Unnecessary and frequent adjournments should be avoided and there should be a check on
these adjournments.The rules of Order XVII of CPC should be followed properly.23
The amendment Act has fixed an upper limit of 3 adjournments in a civil case and could only
be granted based upon a written application.

10.Intentional delay caused by the defendant to submit written statement:-

Once the defendant is served with a summons,he appears before the Court.On the first
appearance,the engaged lawyer of the defendant prays for time on the plea that he has just
received the copy of the plaint and he has not yet gone through the concerned documents of
the suit.The case is adjourned and on the next dates,the defendant's pleader prays for time on
different plea to file written statement.The request for time is repeated until the judge
interferes personally and expresses concern and this causes a delay of proceedings.

11.Application for transfer of the suit:-

On the application of any of the parties,the High Court Division or the District Court may at
any stage transfer any suit or appeal pending before it for trial or disposal to any court
subordinate to it and competent to try or dispose of the same.So,the parties have to apply to
the High Court Division or the District Court for transfer of the suit and it takes the delay in
civil litigation.

12.Huge number of appeals:-

when a large number of appeals are brought before the Courts they find it difficult to invest
their time and energy in the disposal of important matters and as a result have to invest their
time in the disposal of these large numbers appeals.

21
Fazlul Haque vs. Tohed Ali 47 DLR 326
22
Lal Mamud vs. Seraj Miah 45 DLR 638
23
Order XVII,The Code of Civil Procedure 1908

18
13. Application for local investigation:-
A judge has the power to make a local investigation in person in any case or may appoint
Advocate Commissioner to hold a local investigation.The object of local investigation is to
obtain evidence which from its very nature can only be obtained on the spot and to elucidate
any point which is left doubtful on evidence taken before the court.It takes a long time to
make any local investigation of any suit which is also one of the main causes of delay in civil
litigation.
14. Delay in the execution of the decree:-
In the execution stage,judgment debtors take advantage of technicalities and adopt dilatory
tactics and make application of tricks with intent to delay the execution.The entire judicial
process in a civil suit has been brought to disrepute by the manner and method of executing
proceedings that protract over decades and others are unintentional.
15. Delayed in the appearance of a witness:-
The witnesses of the parties are often found not present in the Court on the date of the
hearing.Consequently,the hearing of the case has to be adjourned.In fact,self-respecting
persons avoid attending the courts as witnesses because of the atmosphere around the court
and treatment meted out to them.
16. Delay caused due to passing interlocutory orders:-
Interlocutory matters like applications for a temporary injunction,local inspection,local
investigation and appointment of receiver consume much time o the Courts.Orders either
rejecting or allowing the temporary injunctions are followed by miscellaneous appeals
preventing the disposal of civil suits because a long time is spent on the disposal of
miscellaneous appeals in the higher court.
17. Insufficient judge:-
There is a general feeling that the government is not appointing a sufficient number of judges
to deal with increasing work.It is a common experience that even existing vacancies in High
Court Division remain unfilled for an unduly long time.Prompt appointment of judges to fill
the existing vacancies and creation of additional posts insufficient number would go a long
way to solve the problem of delay and arrears.
18.Transfer of judges:-
when the judges are transferred,the new Judge may at times order for new trial altogether
which postpones the procedures.
This is another cause which obstructs timely disposal of matters.

19
19.Judge-citizen ratio and vacancies of the Judges:-
The main reason for the delay is the shortage of judges with regard to the population of the
country.There are many empty vacancies for judges which is another cause that leads to
delay.
Recently,the Parliament has passed the Supreme Court(Number of Judges)Amendment
Bill,2019 to increase the number of Judges from 30 to 33 in the Supreme Court.
Since 1987,the population of the country has considerably increased and the judge-citizen
ratio currently is around 10 million to 1 million.
20. Dual Jurisdictions Of The Judge:-
According to the Civil Courts Act,188724as amended in 2001 the Civil Courts are:-
i) District Judge,
ii) Additional District Judge,
iii) Join District Judge,
iv) Senior Assistant Judge and
v) Assistant Judge.

Under the present legal system of Bangladesh,the District Judge,Additional District Judge
and Joint District Judge simultaneously exercise civil and criminal functions,which is one of
the most important reasons for delay in disposal of cases.It is observed that the Judge often
prefers to deal with criminal cases rather than to civil matters.

21. Inefficiency Of Governmental Machinery:-

The inefficiency of the governmental supervision has naturally been responsible for
considerable delay in disposal of cases where the government is a party.The
term‘government’includes State Government,statutory corporations,nationalized
banks,universities and any authority which is an instrumentality or agency of the
government.There is a soaring rise in litigation and also a rapid rise of writ proceedings
against the government with the result that today the government is probably the biggest
litigant in the country.The Judiciary is often criticized for mourning arrears of cases.What is
forgotten,however,is the fact that the government itself is responsible for the major portion of
delay.

24
Section-3,The Civil Courts Act,1887

20
22.Adversarial system in civil procedures:-
In our procedural law although there are provisions for chronological advancement of cases
there is no compulsion for maintaining a time frame for each chronological step.A case
arrived at the peremptory hearing after long journey can be brought back again to the primary
stage by any of the parties without any reasonable excuse by taking advantage of the absence
of compulsion.In Bangladesh adversary system of trial is enforced the adversary of trial in
our country is in vogue.In this system,the accused person know the charges taken against him
and preserves the right of self-defence.Both the complaint and the litigant have to face
interrogations in this system.This system has some inherent weakness because of having a
very normal role to play of judges.So it leads to delays and high costs in the disposal of cases.
23.Shortage of Manpower

With the increase of the population of the country,the number of litigations has increased as
well.However,the number of courts and judges and other personnel involved in the system
has not been increased sufficiently.It is found that almost about10,000 cases are filed every
day.Under the circumstance,it necessitates to enhance the number of court and judges for
speedy disposal of the cases filed every day.

24.Ineffective Law Enforcement Authority

There are many flaws in the law enforcement mechanism of both criminal and civil justice
system.In the criminal cases,police reports are the foundation of criminal justice.The police
arrests,frames the case,investigates and submits charge sheet to the court inspector.Police
does all the preliminary work of justice,based on which judgment is delivered from the
court.As the police are the framer,investigator and reporter of the case,there is huge scope for
manipulation.

21
 [Chapter-5]
Analysis Of Data
Annexure III provides the data on institution,disposal,pendency and judge strength for the
period 1972 to 2016 for the higher judicial service category.The data shows that
overall,institution,disposal and pendency have all been on the rise in this category in the last
decade.
The following chart illustrates this trend:-

22
23
 [Chapter-6]
Conclusion Parts

Findings

Recommendations Or Suggestions For Reforms

The following are the some of the suggestions & recommendations to curtail the backlog
of cases:-
1. Role of Legislature:-
Role of legislature is very important to ensure speedy and fair justice.The law making body
should make effective legislation which curtails the delay in proceedings and fix a proper
limitation period for every proceedings.It shall also establish provisions for strict
implementation of already prevailing provisions.
2. Filling Vacancies of judges:-
Since there are many vacant posts of judges in the courts there is an urgent need to fill up the
vacancies so as to reduce the burden of the Court in disposing of the cases.The existing
number of courts is not adequate and increased number of judges would require more
courtrooms.
Both judiciary and government should cooperate to overcome this issue.
3. Judicial Education,Training and Personality of Judges:-
Law Commission of India in its Seventy Seventh Report deals with the same
issue.Consequently,there ought to be appropriate training and judicial education for the
judges.A Judge‟s personality is considered to be an essential part in justice delivery system.

4. Primary features of the amendments:-

Section 26 Institution of suits
A subsection to his Section was added by the1999 Amendment Act which made it
compulsory that every fact referred to in the plaint to be proved by an affidavit.Hence,the
plaint now has to be presented along with an affidavit at the institution of the suit.25
25
Section-26,The Code of Civil Procedure,1908

24
Section 27 Summons to the defendant
Section 27 talks about issuing a summon to the defendant to appear and answer the claim in
the suit.Prior to the amendment in 1999,there was no time period for serving a summons on
the defendant.The amendment prescribed a time-limit of 30 days.The section now provides
that summons has to be issued to the defendant to appear and answer the claim within 30
days from the date of the institution of the suit.26

Section 100A No further appeal in certain cases

This Section was substituted by a new Section by the Amendment Act of 2002.Section 100A
states that there shall be no further appeal in case an appeal has arisen out of an original or
appellate decree or order and is heard and decided by a single Judge of the High Court.27
Section 89 Settlement of dispute outside the Court
This Section was not there originally and was added by the amendment of 2002 to include
settlement of disputes outside the Court by way of alternative dispute resolution methods in
the CPC.Hence,the cases referred to alternative dispute resolution could be settled quickly
and the defendants in this way could be spared from the injury of a long time waiting for the
disposal of matters in the ordinary run.28

5. Written Submission
After the Amendment in 2002,the parties now have to file written submissions within 30 days
from the date of summons which can be extended up to 90 days.
Order-5 Issue and service of summons
Under this order,the summons was to be delivered through a proper officer of the court
only.The amendment subsequently provides that the summons may now be delivered by the
officer of the court or at the expense of the plaintiff through the courier service approved by
the Court.Moreover,the Plaintiff can himself impact the service of summons on an
application being made by him to the court.This helps speed up the process and has been
done to reduce delay at the previous stage by permitting the use of a courier,email,fax for
serving summons which was regarded as illicit until now.29
Order-6 Pleadings generally
Rule 17 and Rule 18 of Order-6 were deleted by the Amendment Act of 1999 and was
reinstituted by the amendment in 2002.A new provision has been added which provides that a
26
Section-27,The Code of Civil Procedure,1908
27
Section-100A,The Code of Civil Procedure,1908,amendments
28
Section-89,The Code of Civil Procedure,1908,amendments
29
Order 5-The Code Of Civil Procedure,1908

25
person has to an affidavit in support of his pleadings while verifying the
pleadings.Further,once the trial has commenced,no application for amendment will be
allowed except when the Court arrives at the conclusion that in spite of due diligence,the
party could not have raised the matter prior to the commencement of the trial.30

6. Examination And Cross-Examination On The Same Day

The witnesses in attendance must be examined on the same date and that no witness should
go unexamined.The examination-in-chief of a witness shall be recorded on affidavit. There
should be clear-cut provision that examination-in-chief and cross examination of a witness
must be completed on the same day or on the consecutive day. Care must be taken that
irrelevant and inadmissible evidence should not be recorded as it hampers expeditious
disposal of the case.
7. Compulsory ADR Mechanisms
The Code of Civil Procedure adopts Alternative Dispute Remedy(ADR) mechanisms as
mediation & arbitration.There are more other methods of ADR mechanisms which is
negotiation & conciliation etc.which are not included within its ambit.It is observed that the
parties to the suit are quite ignorant of ADR mechanisms and the advocates are not keen to
encourage their clients about ADR owing to loss of their financial interest.ADR has been
adopted in many countries with wide acceptance which facilitates early disposal of suits out
of formal judicial process.But through the adoption,ADR has become a part of judicial
process.The ADR experiment in many countries reveals that ADR is the only
mechanism,which settles down the dispute at the early stage of proceedings and prevents
lingering of suits before entering into trial stage.ADR works like an anti-biotic against the
long process of disposal of suits.
For effective ADR mechanisms,following suggestions are given:-
a.Initiation of ADR should be made mandatory for the judge at the pre-trial stage and before
the framing of issues.
b.Separate ADR enactment with all its aspects would help the users to adopt it with full
importance.
c.An ADR committee may be set up under the chairmanship of the District Judge which shall
also comprise of a panel of advocates,legal aid workers,NGO personalities etc.An advocate
should be rewarded for each ADR disposal conducted by him.
d.Advantages of ADR should be disseminated among peoples through mass media.

30
Order 6-The Code Of Civil Procedure,1908

26
7. Separate Court For Execution Of Decree
Trial Courts are very busy with trial proceedings and they have no time to expend in the
proceeding of execution case. So a separate Court for execution of decree or order should be
established in every District. To establish courts having exclusive jurisdiction of execution
the relevant laws need to be amended.

8. Framing Of Issues In Presence Of Both Parties

Framing of issues is Court’s duty and is also the responsibilities of the lawyers of both
parties.It is a matter of regret that both the Court and the lawyers of the parties handle this
important matter very lightly.The trial judge should fix a date for settlement of issues on
which lawyers of both parties should remain present.Whatever objection is to be taken about
the form and framing of issues,must be raised at the time when the Court proceeds to settle
the issues in the open Court.On this date parties should be called upon to admit documents
and give exhibit numbers to the documents,which are admitted.The party aggrieved by the
decision of the Court in framing issues one way or other may have a right to prefer appeal
and the decision of appellate Court in such appeal should be final.

9. Early Disposal Of Interlocutory Matters

Appeals or revisions against interlocutory orders which hold up the progress of suits or
proceedings in lower Courts should be given precedence over all civil works other than that
of an especially urgent nature, and every endeavour should be made to dispose of such
appeals or revisions quickly. A separate list should be kept of these appeals or revisions so
that they may not be lost sight of. Delay in the disposal of appeals or revisions in the High
Court Division are not due to any defects in procedure. The delay is mainly due to congestion
of work, which is not in any way connected with the procedure prescribed by Order 41 of the
Code. Hence disposal of interlocutory matters should be given priority.

27
10. Time saving device:
By applying the time saving devices we can save more time. As it is seen in the different
stages of the suits/cases there are some time killing matters. Those stages can be avoided or
minimized by the presiding Judges by applying the appropriate means.

Other proposals to guarantee speedy disposal of cases:-

Some suggestive measures are given below to be taken in to account for a healthy
administration of civil justice in Bangladesh perspective:

(i) Administration of civil justice should be separated

(ii) Plaint should be in form.
(iii) An effective procedure for service of summons etc.
(iv) Mandatory time limit for a written statement
(v) Abolition of the provision of process fee
(vi) The framing of issues in presence of both parties
(vii) No adjournment of flimsy ground
(viii) No amendment of pleading beyond time
(ix) Examination & cross-examination on the same day
(x) Early disposal of interlocutory matters
(xi) Avoid in passing ex-part decree
(xii) No substitution beyond three months
(xiii) No date except effective date of hearing
(xiv) Examination and cross-examination on the same day
(xv) Argument not beyond 7 days
(xvi) Judgment within 7 days
(xvii) Drawing of decree within 7 days
(xviii) Avoid passing order of remand
(xix) Follow limitation Act strictly
(xx) A separate court for execution of the decree
(xxi) Abolish the provision of duel jurisdictions of judges
(xxii) Accountability of judges
(xxiii) Accountability of advocates
(xxiv) Reduce the court’s vacation
(xxv) Preference to disposal to an old case

28
 (xxvi) Increase number of judges
(xxvii) Summarily dispose of the suit
(xxviii) Reduce court vacation
(xxix) Procedures should be computerized
(xxx) An established specialized type of courts or a separate court
(xxxi) The attitude of Lawyer should be a change
(xxxii) ADR should be compulsory

Actually, delay in litigation is practiced in our judicial domain for many days. So, it can’t be
removed in a day. But, it is as much crucial an issue that our Government has to take
immediate steps to diminish this problem. However, from my view, following steps can be
adopted to change the current character of administration of justice: The atmosphere of
justice must be corruption free. Adequate number of judges should be ensured. Justice
administration system should be easy and not much expensive. Although the Constitution
guaranteed equal rights.31

Conclusion
Every human being has a right to speedy trial and refusal to timely justice results in no
justice.Pendency of cases for a long time defeats the whole idea of justice and loses people’s
confidence in the judiciary.With the number of cases currently pending in Bangladesh,there
are certain cases that are pending in the Courts for more than 10 or maybe 20 years. 32The
changes brought by the Amendments in 1999 and 2002 to the CPC are basic in nature yet
have sweeping results as far as working of Civil Courts in the nation is concerned if they are
properly followed.How long should it take to dispose of a case depends upon the facts and
circumstances of each case.It is not suggested that there should be justice quickly but without
observing the procedures of the Code and hastily disposing of the case by the Judges without
considering the material evidence and due hearing in every case.
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Perspective(31 august 2013)
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perspective/,accessed 25 October 2020
32
Sachi Ashok Bhiwgade,Delay in Civil Litigation: Overview and Analysis (December 17,
2019),https://blog.ipleaders.in/delay-in-civil-litigation/,accessed 11 Nov 2020.

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30
16. Order IX Rule 4 and rule 9 of the Code of Civil Procedure,1908

17. Section 339C-The Code of Criminal Procedure 1898

18. Order VIII Rule 1 & Order XVIII Rule 19-The Code of Civil Procedure 1908

19. Section 20-Women & Children Violence Protection Act 2000

20. Fazlul Haque vs. Tohed Ali 47 DLR 326

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26. Section-100A,The Code of Civil Procedure,1908,amendments

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31