European University of Bangladesh

Department of Law

Assignment On
Causes of delay in Civil Litigation in Bangladesh
Assignment No – 1
Course Title - Principles and the Procedures of Civil Litigation
Course Code - LAW-601

Submitted To
Md. Josim Uddin
Lecturer
Department of Law
European University, Dhaka.
Submitted By
Md. Faysal Jakaria
ID: 240111013
Batch: 23rd
Program: LLM
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Contents
Introduction: ..................................................................................................................................... 3

Current situation of delay in civil litigation and its impact upon the litigants: ................................ 5

Causes of Delay in Civil Litigation: ................................................................................................. 6

Plaint related delay: .......................................................................................................................... 7

Non examination of the plaintiff by the judge: ............................................................................ 7

Time gap between the filing of the plaint and registration: ......................................................... 7

Filing of a plaint with deficit court fee: ....................................................................................... 7

Summons related delay: ............................................................................................................... 7

Delay in filing written statement: ................................................................................................. 8

Leniency shown by the court to undeserving cases: .................................................................... 8

Delay due to non-examination of the parties by the court: .......................................................... 8

Delay caused due to absence of the witnesses: ............................................................................ 8

Non-framing of issues at the proper time: .................................................................................... 8

Non compliance with the provisions relating to the production of documents:........................... 9

Substitution causes delay: ............................................................................................................ 9

Delay caused due to interlocutory matters: .................................................................................. 9

Fixing many suits for hearing on a single day: ............................................................................ 9

Delay in delivering judgments: .................................................................................................... 9

Amendment of Pleadings: ............................................................................................................ 9

Belated drawing up of decree:.................................................................................................... 10

Complex procedure in obtaining certified copy causes delay: ................................................... 10

Condonation petition for delay: ................................................................................................. 10

Stay in appeal causes delay: ....................................................................................................... 10

Non co-operation of lawyers: ..................................................................................................... 10

Abandonment of Court by lawyers: ........................................................................................... 11

Government being party to a suit causes delay: ......................................................................... 11

Delivering responsibility of trying various suits to a single judge:............................................ 11

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Factor relating to shortage of judicial officers and shortage of their opportunities causes delay:
.................................................................................................................................................... 11

Awaiting report from experts causes delay: ............................................................................... 12

Perjured evidence causes delay: ................................................................................................. 13

Corruption of court officials causes delay: ................................................................................ 13

Absence of a separate family court causes delay: ...................................................................... 13

Insufficient Strength of judiciary causes delay: ......................................................................... 14

Possible Way Out to Avoid Delay: ................................................................................................ 14

Number of judges should be increased: ..................................................................................... 15

New method of servicing summons should be introduced: ....................................................... 15

Digitalization:............................................................................................................................. 15

Court supervision and monitoring:............................................................................................. 16

Time saving device: ................................................................................................................... 16

Introduction of informal justice system: .................................................................................... 16

Provision regarding Examination of the witnesses should be changed: .................................... 17

Case categorization system: ....................................................................................................... 17

Separate Family Courts must be established:............................................................................. 17

System of Supplying certified copy should be changed: ........................................................... 17

Land Survey Mechanism should be changed: ............................................................................ 18

Registrar should be appointed: ................................................................................................... 18

Separate office for Legal Aid with full time officer should be established: .............................. 18

Judicial Evaluation programs have to be introduced: ................................................................ 19

Technological communication must be introduced in court: ..................................................... 19

Complaints System should be introduced: ................................................................................. 19

The court shall have to be vigilant in case of non receipt of the records of the lower court: .... 19

Condonation petition should be disposed of forthwith: ............................................................. 20

Concluding Remarks: ..................................................................................................................... 20

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Delay in Dispensation of Civil Litigation and the Possible Way Out Of

Escaping From It: A Study in Bangladesh Perspective

Abstract:

Getting into a civil litigation in Bangladesh sounds like a never ending process. Consequently, it is
often said that a civil suit is like a palm tree which was planted by the grandfather, nourished by
the father and fruit may be enjoyed by the son. Civil justice system in Bangladesh is so ambiguous
and miserable for the mass people that it can not be explained in a word. There are many instances
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 life time. Accumulation
of cases, lack of good lawyers, insufficient number of judges, lack of proper observation of the
provisions of the code, inadequate office equipment and machinery, unreasonable absence of
witnesses, lack of utilization of modern technology in keeping records and documents are the major
factors of delay. But, at present the only demand of mass people is the speedy approach to justice.
Among other things by making the atmosphere of justice corruption free, by appointing adequate
number of judges, by evading multiplicity of laws on a particular issue, by using modern technology
widely in preserving various records of the courts we may cut down delay. In Bangladesh
Constitution, there is a provision for getting speedy trial of every person as per Article 35(3).
Besides, as per Article 22 of this constitution the judiciary is

separated from executive organ, which has already been executed from 1st November, 2007. Now,
our expectation is much more from the judiciary than before. So, we are looking forward to see
that the judiciary organ is adopting measures to remove the misery of the litigants of Bangladesh.

Introduction:
'Justice delayed justice denied'1

This above mentioned maxim has its severe applicability and importance in a country like
Bangladesh because the litigations here are lingered for days, months and years. The number of

1
. as said by Gladstone
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suits and cases pending with the courts stood at 3,109,173 until December 31, 2015.1 The alarming
fact is that it would take 100 years to dispose the pending cases even if no new cases were further
filed. When a case is filed with a court, nobody knows when it will end. Even a small case which
should be disposed of within one year, may take 10-15 years to dispose of through all stages.2 That
is why people are getting frustrated and tend to violate law. Delay devalues judgment, creates
anxiety in the minds of litigants and uncertainty for lawyers, results in loss or deterioration of
evidence, wastes court resources, creates confusion and conflict in allocation of court resources and
needlessly increases the cost of litigation.3 The ultimate consequence is that public confidence in
judiciary is diminishing day by day. 4 Delay in disposal has become a violator or human rights
inflicting injustice through process of law.5

The problems of delay in disposal and resultant backlog of cases at all tiers of the judiciary, continue
to plague our society and polity. In fact, delay in the litigation process in our judiciary has reached
such a point as to pose a formidable threat to protection and promotion of human rights. Praying
for justice, the parties become part of a long, protracted and torturing process, not knowing when
it will end. By the time judgment is pronounced the need for the judgment in certain cases is no
more required. Delayed justice fails to pay even the winning party of the litigation, for its costs in
terms of time, money, energy and human emotions are too high.6

Delay in disposal and causes for miscarriage of justice in civil litigation spelling nervebreaking
tension, anguish and financial strain on the litigants always disturb and pains every compassionate
citizen of this country including me. The present article, an attempt based on various journal, books,
articles, newspaper is to remove some of the sufferings of the litigants and help maintenance of a
civilized society where law and the court receive due respect.

1
. http://www.thedailystar.net, February 14, 2016
2
. Akkas, Sarkar Ali, Independence and Accountability of Judiciary- A Critical Review, Dhaka (Bangladesh).
Center for Rights and Governance. 2004 at 102.
3
. Haque, Mohammad Anwarul, J. Case Flow Management In the Trial Court at 27 th Judicial Administration
Training Course for Assistant Judges Education and Training Plan of Session No. 3 in 20.10.2001.
4
. above note 4
5
. as said by lyre. V.R. Krishna. Quoted in the above note 5.
6
. as said by Dr. M. Shah Alam, Professor of Law, University of Chittagong, (Currently on deputation as
member, Law Commission). Reported in The Daily Star, Dhaka, 25 th February 2010.
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Current situation of delay in civil litigation and its impact upon the
litigants:
The justice delivery system in our country is time consuming and unaffordable to the poor
people to some extent. The existing regime of civil suits in Bangladesh is governed by the Code of
Civil Procedure enacted in 1908. Since then little change has taken place. The legal system may
very well be described as admirable but at the same time slow and costly and entails an immense
sacrifice of time, money and talent. The causes of backlog and delay of disposal of cases are
systematic and profound. The legal system's failure to impose the necessary discipline at different
stages of trial of cases allows dilatory practice to protect the case life. The break-up of this backlog
is: 13,361 cases in the Appellate Division of the Supreme Court; 3, 94,225 cases in the High court
Division.8 Total 31, 09,173 pending cases (both civil and criminal) in the judges and Magistrate
courts until December, 2015 while those numbers were 30, 07, 860 as of December, 2014.9 After
years of controversy and frustration of the problem of administration of justice system, a new device
needs to be chalked out.10

Basically, the delay in litigation is incredibly practiced in civil courts. Our civil courts are governed
by the Civil Procedure Code 1908 which was enacted during the British reign. But, after the
independence, the government of Bangladesh had taken an attempt to accelerate the civil procedure
system. The problem of delay in litigation including arrears of cases has been engaging the attention
of the Law Commission for a long time and as a result of its recommendations made from time to
time, reasonably wide changes have been made in the provisions of the Code in 1983 by making
an Ordinance with a view to removing the causes of delay. Before such amendment Ordinance,
there was no limitation to submit the court-fees and other relevant documents. But, by this
Ordinance, the parties to a suit have to submit the proper court-fees with all relevant documents
within 21 days after issue of summons and the plaintiffs have to submit all documents at the time
of institution of the suit to focus on the cause of action. On the other hand, there was no specific
time for examination of the defendants/witnesses and in framing of issues before such amendment.
But, after promulgation of the Ordinance, no time is allowed for examination of the
defendants/witnesses after 2(two) months and the court is bound to frame the issues within 15 days
after examination of the defendants/witness. However, by the blessing of this Ordinance, the court
is also bound to give the judgment of a case within 127 days from the framing of issues. While 120
days is fixed for hearing and after hearing, rest 7 days is fixed for giving the judgment. But, these
changes seem to have had little impact. Actually, delay in

litigation is still prevailing in the field of civil justice.

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________________________
8.
According to the Annual Report 2015 of the Supreme Court of Bangladesh.
9.
http://www.thedailystar.net, February 14, 2016
10.
as said by Md. Nur Islam, a senior assistant Judge, reported in the article named, Internal Component
of Delay Should be Eliminated’, published in the internet.

The notion of 'Speedy Trial' is a Constitutional obligation. This term has greatly been emphasized
by the constitution of Bangladesh, the supreme law of the land. If the trial system is not speedy
then the whole process in relation to trial by justice delivery system becomes a mockery, farce and
a means of infliction injustice through the means of justice. If the civil litigation system is not
speedy as required and expected to expeditious delivery of justice then it also leaves the justice
seeking people backward and easily oppressed. 7 The problem of delay in disposal of case in
Bangladesh is a highly complex problem for which many factors are involved which needs to be
addressed in phases. The effect of delayed justice has tremendous adverse effect on economic
growth as well.8

Delay in disposal of civil litigation brings untold sufferings to the parties. In the case of Md.
Khorshed Alam Sarker & others Vs. Jasimuddin & ors. 4 MLR (1999), at. 126, the partition
suit was filed in 1962 and it has been continuing over full 3 decades bringing in its train untold
sufferings and deprivations to the parties. The preliminary decree was passed in the year 1964.
Observing the above facts Mr. Gour Gopal Saha. J. held "It is unfortunate that it took about 25
years in making preliminary decree final, although the rights of the partition have been finally
adjudicated and determined by preliminary decree. In the facts and circumstances of the cases, any
technicality should not be allowed to stand in the way of making the preliminary decree final any
more so as to allow the decree holders to enjoy the benefits of the decree."

Causes of Delay in Civil Litigation:

In Bangladesh dispensation of justice is prolonged, with parties are compelled to spend an
unlimited amount of money for indefinite time and to run from one place to another in pursuing
their claims in court. Infirmities in the judicial governance and administration, weaknesses in the

7.
as said by Md. Nur Islam, a senior Assistant Judge of Rajshahi, written in the article named ‘Justice delivery
system- Fair and speedy trial under Constitution’ published at page no. 39 of 9 MLR (Journal) 2004.
8
. as said by Justice Latifur Rahman, Former Chief Justice of Bangladesh, written in the article name ‘The
Judiciary And Its Importance’ published at page no. 21 of 10 MLR (Journal) 2005.
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legal education, enfeebled legal profession, incompetent investigation and prosecution, lack of
citizens' access to legal information and inadequate resource allocation are the major factors causing
delay in civil litigation delivery system. Delay occurs in civil litigations due to various reasons. The
components of delay may succinctly be described as thus:

Plaint related delay:

Section 26 and Order vii of the code of civil procedure deal with filing of plaint.
________________________
Delay to a great extent occurs in civil litigation at the time of filing of a plaint. Plaint related
delay can be discussed under three sub heads:

Non examination of the plaintiff by the judge:

A plaintiff is not examined by the judge on the date of the registration of the plaint to see whether
a prima facie case has been made out warranting issue of summons. Automatic issuance of
summons is a point from which delay ensues.

Time gap between the filing of the plaint and registration:

There often occurs some delay between the filing of the plaint and its placing before the court for
direction to register. The time gap between the filing of a plaint and registration of a suit may be
quite long.

Filing of a plaint with deficit court fee:

The filling of a plaint with deficit court-fee which is now is another very important factor for delay.
Several adjournments are taken for correcting the valuation and putting in the balance court-fee.
Quite sometime is lost in the process.

Summons related delay:

Though summons must always be filed along with the plaint in practice it is not strictly observed.
If the summonses are duly registered even then the service of summonses are not promptly done.
The reasons are many. The processes go from the court concerned to the nazir and he distributes
the processes of the different courts among the process servers. The processes after service are also
received back through the same channel. This system delays the service of summons and its return.
Though the government has amended the Code of Civil Procedure in 2012 regarding the service of
summons but most of the Courts are dependent upon the traditional system.
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Delay in filing written statement:

Summons when issued bears a date for the appearance of the other side. As a matter of fact the
defendant generally appears on the date fixed in the summons but invariably takes time for filing
the written statement. Several adjournments are taken and given for filing the written statement
which is a very important factor for delay in civil litigation.

Leniency shown by the court to undeserving cases:

A suit may be dismissed for non appearance of the plaintiff or of both parties or decreed ex-parte
for absence of the defendant. Applications for restoring the suit to its previous file and number are
allowable on showing sufficient causes within thirty days by the defaulting party on such terms as
to costs or otherwise as the court thinks fit. This power to restore the suit to its previous file and
number by the court is mostly exercised very leniently awarding costs in some cases without
entering into the merit of the application and also on the question of limitation. This leniency shown
to undeserving cases encourages indolence and prolongs litigation.

Delay due to non-examination of the parties by the court:

It is frequently found at the final hearing of a suit that the parties are not really at issue on
any point. But the suit which could be disposed of much earlier was left indisposed till the date of
the peremptory hearing. This unnecessary delay is due to the fact that parties are not examined
before the hearing or at the first hearing.

Delay caused due to absence of the witnesses:

The witnesses of the parties are often found not present in court on the date of hearing. The non
attendance of the witnesses and consequent adjournment of the hearing causes delay in civil
litigation.

Non-framing of issues at the proper time:

Issues are required to be framed on hearing of parties when they are at issue. It is the usual practice
of the court to leave the framing of issues to lawyers of parties who submit draft issues. It is very
common that many days pass off before drafts are given and issues framed.
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Non compliance with the provisions relating to the production of documents:

Though the Code provides for production of all documents which are intended to be used as
evidence by parties at the first hearing this is not often done. Sometimes insufficiently stamped
documents are also required to be impounded before admitting them into evidence and all these
consume time. Similarly documents required to be called for either from the court's own records or
any other court or from the defendants or third persons are also not done earlier. These factors cause
inordinate delay in disposal of cases.

Substitution causes delay:

A substitution becomes necessary when a plaintiff or defendant dies or the interest of the plaintiff
or defendant devolves some persons who may not be the heirs but have become successor-in-
interest during the tendency of a proceeding. One very important cause of delay is the substitution
procedure.

Delay caused due to interlocutory matters:

Interlocutory matters may arise under a variety of situations, such as, substitution or appeal arising
from interlocutory matters like injunction, appointment of receivers etc. Often the hearing of the
original cases is stayed because of the interlocutory matters.

Fixing many suits for hearing on a single day:

The court fixes many suits for hearing on a single day; and when more than one suit is ready for
hearing the court cannot usually cope with these and have to adjourn all but one for hearing. This
manner of fixing date by itself is cause of delay.

Delay in delivering judgments:

Usually judgments are not written out on the following day of hearing of the cases or soon
thereafter. This delay in delivering judgments is not conducive for expeditious disposal of the cases.

Amendment of Pleadings:
Another cause for delay in civil suit is frequent amendment of pleadings even at the
stage of argument. Though there is no scope to amend the ejahar/complaint in criminal cases but in
the Code of Civil Procedure Rule 17 of order 6 has given the opportunity to the parties of the suit.
This amendment at such belated stage sends back the case to its initial stage again.
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Belated drawing up of decree:

Decrees are not drawn up in most cases unless a number of days have passed from the date of
judgment. This delay creates a vicious circle inasmuch as there is consequent delay in obtaining
the certified copies and filing of appeals and revisions.

Complex procedure in obtaining certified copy causes delay:

Considerable time is lost in matters relating to certified copies of judgments, orders and decrees.
Applications have to be filed, requisites asked for, folios deposited, copies made, compared and
certified to be corrected and thereafter the certified copies are delivered to the party. As a result the
proceeding lingers and uncertainty hovers.

Condonation petition for delay:

Often it happens that there is delay in filing an appeal or a revisional application against the
decision of the trial court. The party as required under the law files an application for condonation
of delay. The usual practice is to issue a show cause notice upon the other-side as to why the delay
should not be condoned. The disposal of condonation petition itself after due service of notice
becomes another proceeding and consequently the original appeal or revision remains hanging.

Stay in appeal causes delay:

With the filing of an appeal or revision against an interlocutory order ad-interim stay are often
granted. The records are called for from the courts below and consequently the entire proceeding
remains stayed. Disposal of interlocutory matter is not done as expeditiously as it should be done
keeping in view the stay of the original suit or proceeding. So there occurs much delay too.

Non co-operation of lawyers:

It is a bitter truth that many lawyers have a delusion that quick justice is their adversary in
interest. Therefore they pass time asking for time on any ground, personal or other reasons, which
ultimately causes delay in civil litigation.
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Abandonment of Court by lawyers:

In our country it is an old and bad practice that the lawyers abandon court due to trifling matter
which brings severe sufferings to the parties of the suit and causes inordinate delay in the disposal
of the suit.

“You, the lawyers usually abandon court for indefinite period of time if bail and timepetition is not
granted in favor of you which is an ugly practice and you should give up this practice since it is an
impediment to the fair and speedy disposal of the suits." 13

Government being party to a suit causes delay:

The plaint and written statement are not filed in due time in a suit where the government is a party.
Besides in many cases a petition is also filed at the trial stage with a view to correcting the pleadings
which causes delay. 14

____________________

13.
as said by Chief Justice Mahmudul Amin Chowdhury during his felicitation speech on 01-03-2001 in Court
no-1, published in 53 DLR (Journal) 2001, at page (17-20)
14.
ibid

Delivering responsibility of trying various suits to a single judge:

For example, in our country there is no separate family court like many other countries of the world
including Australia. Under the Family Courts Ordinance 1985, all Assistant Judges are made Judges
of these courts in addition to their work as ordinary civil courts. This added extra load and
congestions in the disposal of civil litigation, too.

Factor relating to shortage of judicial officers and shortage of their

opportunities causes delay:
The factors relating to the judicial officers, their number, working conditions, accommodations,
terms and conditions of service and lack of adequate training in the administration of justice hinders
quick and effective disposal of cases. The numbers of judicial officers are too inadequate and the
volumes of work they have to cope with are disproportionately high. The increase of population
coupled with the emergence of Bangladesh has brought about greater activities in the fields of trade
 P a g e | 12

and commerce resulting in new and different type of civil litigation. The government has not
considered the increase in the strength of judicial officers. The terms and conditions of service of
judicial officers are also not satisfactory to attract bright young men and women to join this service.
The nature of the judicial work is monotonous and the society also expects him to lead a life of
judicial seclusion. It is thought that if a judicial officer is free and promiscuous he may be suspected
to lose the grit to determine a case without prepossession. Civil Rules and Orders15 has laid down
that-

"Judges of all grades should avoid as far as possible becoming the guests or entertaining those
private individuals or government servants who are or may be interested in civil and criminal cases
or in matters which may eventually come before them for decision. Any possible imputation of
suspicion or bias will thus be removed."

The existence of such a class of judicial officers requires that they should have rank, status and pay
which will place them not only above want but also guarantee them a living with prestige and
dignity without caring for fear or favour of any quarter. Otherwise new generation may not be
inclined to take up the judicial jobs. Disinclination of the bright young men and women to take up
the judicial jobs is affecting filling the vacancies. Due to such shortages and vacancies in the judicial
service is ultimately causing delay in the disposal of litigation.

____________________
15.
Rule 905 of Civil Rules and Orders, Volume 1.

Awaiting report from experts causes delay:

There are many cases requiring local investigation and relay of maps and submission of reports
after preparing maps by the advocate commissioners.

There are many others cases requiring reports of the finger print or thumb impression experts. Here
delay becomes inevitable. The numbers of survey passed advocates are not many and they are
overworked. They cannot do the jobs assigned to them until it is too late. The lands of Bangladesh
also remain under water in many parts of the country for month together and the survey can be done
only for a few months of the year.

The handwriting experts or thumb impression experts are always police officers of the special
branch. Their number is limited and they take long time on submitting reports. They are also not
generally available for examination as witnesses until several dates of positive hearing pass off.
 P a g e | 13

The courts cannot proceed with the trial of cases without the report of these experts and their
examination. Delay for these types of cases is a regular feature in a civil court.9

Perjured evidence causes delay:

When both sides have got tutored witnesses and perjured evidence it becomes very difficult for the
court to find out the truth. In every case whenever a witness has to depose he takes an oath under
the Oaths Act10 that he will speak the truth and will conceal nothing and no part of his evidence
shall be false.11 The witnesses of both sides does not speak the truth and if both sides speak the
truth as they are bound by the oath taken by them, the matter becomes very simple as there remains
hardly anything for determination as to facts and the court has only to apply the law in those
admitted facts. In reality the picture is different. The parties give out a bundle of facts which are
not only different but sometimes contradictory. Witnesses of two sides give different statements of
facts which necessarily require scrutiny and scanning for determination of facts.

This involves delay.

Corruption of court officials causes delay:

Corrupt practices among the court officials are very common these days. It is alleged by many that
by taking illegal gratification they misplace records, remove documents and sometimes even
destroy the records. It is often heard that these officials take money in the name of judicial officers
also and thus create doubts about the integrity of judicial officers. ____________________

It is true that in many cases records are not often available, documents missing, summons not
dispatched in time, returns not found in record and many other acts of omission and commission
are there which delay the disposal of cases.

Absence of a separate family court causes delay:

At present a Court trying land disputes also try cases relating to divorce, succession, guardianship,
dower etc. The cause of delay in disposal of these cases by such court is obvious and unavoidable.

9
. Quoted from the book named ‘Civil Litigation in Bangladesh, by Rafiqur Rahman.
10
. Act X of 1873
11
. Civil Rules and Orders, Vol. I, page111, published by the Government of Bangladesh.
 P a g e | 14

But the cases like dissolution of marriage, divorce, guardianship and succession cannot brook delay.
It is therefore felt that Family Courts side by side with other Courts may immediately be established
so that all matters relating to marriage, divorce etc. i.e. all matters relating to personal law may be
tried by the Family Courts under summary procedure. The Family Courts Ordinance, 1985 does
not solve the problems at all. Because the same Civil Court while trying these cases will only be
treated as a Family Court. So the disposal of cases will not in any way be improved because of this
Ordinance.

Insufficient Strength of judiciary causes delay:

The ratio of judicial officer is utterly negligible in comparison with the population of the
country. At present Appellate Division is chaired by the Chief Justice and eight (8) other judges
and High Court Division is run by ninety (90) Judges. Nearly 1500 judicial officers are on duty in
subordinate courts (both civil & criminal). In total approximately sixteen hundred (1600) judges
and magistrates are entrusted with the responsibility to dispense justice among 150 million people.
On an average one (1) judicial officer for more than one lac (1, 15,000) people. This ratio is so
disproportionate to enable the judicial officers to keep pace with the number of fresh filing of
litigation in each day.

Possible Way Out to Avoid Delay:

Former Chief Justice of USA Warren E. Burger said- “Our system is too costly, too painful, too
destructive, too inefficient, for a truly civilized people”. 12

This above mentioned statement has its severe applicability in our country, too. Actually, delay in
civil 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, the following steps can be adopted to change
the current character of administration of justice.

12
. Quoted from the article named ‘Access to Civil Justice in the United States and the Soviet Union: A
Comparative Analysis’ by John S. Scott, published in American University International Law Review 1, no.1
(1986): 215-257.
 P a g e | 15

Number of judges should be increased:

‘‘The number of judges ought to be increased in the district level for quick disposal
of criminal and civil cases. I feel that we have inadequacy in the strength of judges and there should
be adequate courtroom facilities. I have no idea as to courtroom facilities at present, but during my
time while I was the Chief justice of Bangladesh; there were insufficient courtroom facilities for
which the assistant and subordinate judges (now Joint District Judges) could not render full time
court work. I will urge the government to improve the logistic support and courtroom facilities for
proper functioning of the courts in Bangladesh. For efficient and effective functioning of the
judiciary we need adequate facilities and proper atmosphere.”13

New method of servicing summons should be introduced:

The courier service, fax, messaging, e-mail can be used regularly as an alternative to
government postal service. Courier service, service through fax and e-mail has already been
recognized in Bangladesh by the Code of Civil Procedure (Amendment) Act of 2012. But the
processes are sent from the court to the parties of the suits by the process servers still now.

Service of process in civil suits may be accomplished by the plaintiff’s lawyer.

Digitalization:
Digitalization and Computerization of all courts is a must in Bangladesh. Extensive use of
Information technology will make the judicial system more prompt and efficient. The judicial
system is essentially a hand-written one, with some use of type writers and computers. Oral
testimony in subordinate courts is taken down by hand. Case load management techniques are to
be introduced in courts at all levels with a computerized Management Information System (MIS)
and upgrade office technology. The computer based case load management is expected to
significantly reduce the case back-log and improve transparency in the system. It is encouraging
that recently Computerized Management Information System has been set up in the supreme court
of Bangladesh through the great initiative of His Lordship Justice Surendra Kumar Sinha, the
present Chief Justice of Bangladesh.

____________________________

Hopefully all other courts of Bangladesh would be equipped with the Computer and Internet
facilities within the very shortest period of time. Because recently the government has taken an

13 .
as said by Justice Latifur Rahman, Former Chief Justice of Bangladesh, written in the article name ‘The
Judiciary And Its Importance’ published at page no. 21 of 10 MLR (Journal) 2005.
 P a g e | 16

initiative to change the traditional court rooms of all the 64 districts into e-court rooms and as such
e-judiciary project has been launched and the committee has started its work to implement the
project rapidly.

Court supervision and monitoring:

The pathology of delay has been the subject of considerable scholarship. A consensus has
emerged that a docket can be current only when a judge supervises the scheduling and progress of
all steps of the case with systematic case management. Once a litigant invokes the jurisdiction of
the judicial system, the court has the responsibility of pressing the lawyers and litigants to prepare
the case for adjudication without delay. The court’s loss of control over litigation invariably leads
to procedural inactivity. In reality, each case is to be supervised throughout its life with no
unreasonable interruption in its procedural development tolerated.

Monitoring can play the pivotal role for improved court administration and case management.

In terms of monitoring, the District & Sessions Judges hold the key position in the lower judiciary
and as such their responsibility to enhance improved court management is must. In many respects,
due to mismanagement and maladministration, justice is being delayed. By applying this device the
suits and cases can be minimized to a large extent.

Time saving device:

Courts should apply the standards of timely disposition in pursuance of the provisions enunciated
in the C.P.C. 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.

Introduction of informal justice system:

The legal system's failure to impose the necessary discipline at different stages of trial of cases
allows dilatory practice to protract the case life. Taking this view in mind the alternative dispute
resolution system can be strongly recommended to overcome those set backs beside the formal
justice system in order to eliminate the endless sufferings of the poor litigants. This new device can
be developed by practicing dispensation of justice in traditional methods like mediation,
conciliation and arbitration for a longer period of time. For the first time in our legal system the
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provisions with regard to ADR has been introduced by amending the Code of Civil Procedure. In
chapter V of Artha Rin Adalat Ain, the provisions of ADR have also been incorporated. Certainly,
this concept is a denovo in our Civil Justice Delivery System. Now ADR has come within the
domain of Civil Procedure Code. It is hoped that this will surely lessen the huge backlog of suits
and cases.

Provision regarding Examination of the witnesses should be changed:

All of the produced witnesses should be examined on the same date. Provision should be
inserted in the Code of Civil Procedure regarding not to record the deposition of the plaintiff and
defendant. The plaint itself should be considered as the deposition of Plaintiff and at the same time
the written statement submitted by the defendant side should be considered as the deposition of
defendant. But the advocates of the both sides are allowed to cross examine the plaintiff and
defendant respectively.

Case categorization system:

For the purpose of filing and record, case will be classified according to subject matter/ type and
possibly also value and age. This could help with the consolidation of similar types of cases for
hearing and disposal by the judge at the same time and assist the case tracking and case flow
management finally resulting in expeditious disposal of suits.

Separate Family Courts must be established:

There is inordinate delay in the disposal of Family Court cases, because there is no separate
Family Court in Bangladesh. Separate Family Courts must be established to deal with congestion.
Under the Family Courts Ordinance all Assistant Judges are made Judges of these courts in addition
to their work as ordinary Civil Courts. This added extra load and congestion. So, separate Family
Court to try exclusively Family Courts Cases should be established preferably to be presided over
by a female judge of not less than three years standing as an Assistant Judge.

System of Supplying certified copy should be changed:

Delay is caused in obtaining Certified Copies of judgment, decree and order. Now these are
typed or hand written, It is costly. Order XX rule 20 CPC may be amended to supply judgment and
decree on the same date of signing. Photostat machine may be supplied to all courts so that
photocopy may be certified.
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Land Survey Mechanism should be changed:

Land dispute is the main cause for arising most of the civil suits. On the contrary, land
registration system and defective record of rights are the main reason for the land dispute.

Defective Cadastral Survey (CS), State Acquisition (SA), Revisional Survey (RS) and Bangladesh
Survey (BS) records often raises causes of land dispute. So it is suggested to update the records
which should be made by settling all claims of land records by a competent body consisting of inter
alia, judicial personalities, even if it may take a considerable time. 14 No current land record is plot
based and capable of supporting a unique document that authenticates land ownership and incident
thereof such as appurtenant rights and encumbrances. 15 Government has established the Land
Survey Tribunal most of the districts but there is no sufficient logistic support to run these
Tribunals. Government should ensure proper logistic support to work smoothly of the Land Survey
Tribunal.

Registrar should be appointed:

In civil court in District Head Quarters, "Registrars" may be appointed like "Country
Courts" in England. The system may be given a trial. System was given a trial in 1926 in Patna.
Registrar's Office at HQ shall receive, check and admit plaints, issue summons of all courts, shall
do administrative works of District Judge, dispose of Ex parte compromised suits, misc. cases,
execution cases, dispose of interlocutory matters. Registrar should be experienced, preferably a
joint District Judge.

Separate office for Legal Aid with full time officer should be established:
Though there is a separate office for Legal Aid in every districts but full time Legal Aid
Officer has not been appointed in most of the districts. A separate office in every District Court
compound with a full time Legal Aid Officer and supporting staff is necessary to run the district
Legal Aid Office smoothly.

14 .
As said by Muhammad Sazzad Hossain and Mohammad Imam Hossain, Asistant Judge, Chandpur and
Lecturer, ASA University, Bangladesh respectively in their article named “Causes of delay in the Administration
of Civil Justice: A Look for way out in Bangladesh Perspective” published in ASA University Review, vol. 6
No.2, July-December, 2012.
15 .
Department of Land Administration, Report on Bangladesh Land Administration Reform, Dhaka, 2001, p-2
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Judicial Evaluation programs have to be introduced:

Programmes of judicial evaluation have been introduced in North America since mid
1970s. Judicial evaluation means the process to develop information concerning performance of
individual judges to gain insight into the performance and can improve performance accordingly.

_______________________

Recently Honorable Supreme Court of Bangladesh has given concentration to evaluate the
judicial work on the basis of total disposal of the cases, interlocutory matters, other petitions and
so on.

Technological communication must be introduced in court:

Modern technology must be used by courts. Video-conferencing is now used by High Court
of Australia, State Supreme and District Court in relation to bail petitions. Arguments can be kept
in Dictaphone. Attendance may be done by electronic means.

Complaints System should be introduced:

Court charter should develop mechanism for dealing with complaints about the service of
Court. Charter should be displayed on counter and in court house. Court is not a consumer
organization, but deliverer of justice. Charter should contain a statement concerning making of
complaint, person to whom complaints concerning service may be made and how complaint may
be lodged. Complaint may be made by free phone or Fax. There may be a form for making
complaint or comment on service (there may be a tear off slip capable of reply paid mailing).
According to the nature of complaint, it may go to the counter Officer, a designated officer the

Registrar or the chief Executive. Over 90% of complaints should be resolved at the counter. There
should be provision for users to express satisfaction with a particular service or to suggest
improvements by a tear-off card in Suggestions Improvement Box or by mail.

The court shall have to be vigilant in case of non receipt of the records of the
lower court: This is one of the causes for delay in disposal of appeals. The removal of these
causes demand vigilance from the Court. If the Courts are vigilant and careful and proper
disciplinary actions are taken against the delinquents this delay may be stopped. Records are often
not sent for want of not receiving back the returned exhibited documents from the parties. This may
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be remedied by directing the parties to furnish certified copies of the documents before allowing
them to take back the documents.

Condonation petition should be disposed of forthwith:

Delay in filing appeal is followed by application for condonation of delay which itself becomes a
separate proceeding requiring service of notice. It is felt that the condonation application may be
disposed of forth with either by condoning the delay and registering the original appeal or by
rejecting it and the order passed there under should be treated as final.

Concluding Remarks:
The Prime objective of the judiciary is to ensure fair and speedy trial within shortest
possible time so that the justice seeking people can get justice expeditiously. Judicial systems serve
important role not only in up-holding social values but also in determining economic performance.
Well-functioning judiciary guarantees security of property rights and enforcement of contracts. In
absence of the independent and strong judicial system neither the democracy nor development can
sustain. Justice should not only be done but should also manifestly and abundantly be seen to be
done. Essence of the rule of law is not only justice, but the justice within a reasonable time. Due to
massive tendency, the cases take years after years for its finality, which should have been disposed
within few months. The pendency causes delay and delay negates access to justice. The magnitude
of delay in dispensation of justice cannot be under estimated as it has impact on the resources of
the court and socio-economic factors of the litigants. In the case of Anil Rai v. State of Bihar [2002
(3) BCR (SC) ] Justice Sethi of Indian Supreme Court rightly stated that ‘delay in disposal of the
cases facilitates the people to raise eyebrows, sometime genuinely, which if not checked, may shake
the confidence of the people in this judicial system.

There must be untiring efforts by all concern not to prolong the disposal unnecessarily.