PLEADINGS GENERALLY "Pleading" shall mean plaint or written statement. Pleading a. Pleading to Ev eadi hi tai d contain only, ery pleading shall contain, and contain ony, 2 ote naterial statement in a qemceianag s on which the fact and not party pleading relies for his claim or defence, as the case may evidence. be, but. i by which they are to be proved, and shall, when necessary, be divided into paraenanss numbered consecutively. Dates, sums and numbers shall be expressed in figures. ‘Scanned with CamScanner136 Civil Procedure (1908: Acey Foms of 3. The forms infAppendix A Jen applicable, and where Pleading. they are not applicable forms ofthe like character, a nearly ag ray be, shall be sed forall pleadings. Particulars to 4 In all cases in which the party pleading relies on any tesiten ——miscepresentaton, fraud, breach of trust, wilful default, oy a Undue influence, and in all other cases in which particulars may NSN; pe necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shal be state in the pleading Further and 5. A further and better statement of the nature of the cea claim or defence, or further and better particulars of any matter SaRENRSoT stated in any pleading, may in all cases be ordered, upon suck friclas, er, a (0 cst and otherwise, as may be just. Condition 6 Any condition precedent, the performance o Precedent occurrence of which is intended to be contested, shall be Aistincly specified in his pleading by the plaintiff or defendant, a the case may be; and, subject thereto, an averment ofthe performance or occurrence of all conditions precedent necesary forthe case of the plaintiff or defendant shall be implied in his pleading Departure 7. No pleading shall, except by way of amendment, tse say new ground of claim or contain any allegation of fat inconsistent withthe previous pleadings ofthe party pleading the same. Denial of 8. Where a contact is alleged in any pleading, a bare “omic denial ofthe same by the opposite party shall be construed ony 8 a denial in fact of the express contract alleged or of the matters of fact from which the same may be implied, and not as 8 denial ofthe legality o sufficiency in law of such contract. Bitot the contents of any document are material, it fanaa Be sufficient in any pleading tat he effet terol fy 85 possible, without seing out the whole or any pat IOT, unless the precise words of the document oan thereof are material goes vai AO. Wherever itis material to allege malice, fraudulent Bs rate ewledse cr other coniton ofthe mind of any person, theme Siient to allege the same asa fact without soting ot the circumstances fom which the same sto be infor Scanned with CamScannerEvery pleading shall be signed by the party and his pleader (if any): Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorized by him to sign the same or to sue or defend on his behalf. 1) Save as otherwise provided by any law for the time being if force, every pleading shall be § at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case. (2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information received and believed to be true. ___ (3) The verification shall be ‘signed by the person making it and shall state the date on which and the place at which it was signed. Pleading to be signed. Verification ‘Scanned with CamScanner| 138 Civil Procedure 11908: Act y Striking out 16. The Court may at any stage of the proceedings order pleadings. to be struck out or amended any matter in any pleading which may be unnecessary or scandalous. or which may tend tg prejudice, embarrass or delay the fair trial of the suit, Amendment of | hhe Court may at any stage of the proceedings allow Pleadings. _p) Séitherparty to alter or amend his pleadings in such manne, and on such terms as may be just, and all such amendments we Shall be made as may be necessary for the purpose of determining the real questions in controversy tetmeee ie Failure to 18. If a party who has obtained an order for leave to me after amend does not amend accordingly within the time limited for order, that purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be \ ORDER vir scanned with amstanner1 Act V of 1908 a Order VI a ALT +S Code “A Order VI 49 rule 17 48 atefgs Yrs aa tas or efogins Rea aa TEMA FARA aSiet ALAS BIA, Tete— “Provided that no application for amendment shall be allowed after the trial has commenced, [unless|the Court is of opinion that diligence, the party could not have raised the matter beforel/the Provided further that if an application for amendment is made after the tial has commenced and the Court is of opinion that the application is made to Ga the Court shall make an order for the payment to the objector such cost by way of compensation as if thinks fit.” | ‘Scanned with CamScanner3 Wil Procedure 138 Cer (1908: Act V suiking out 16, The Court may at any stage ofthe proceodings order Sree og he struck out or amended any mater in ny pleading which andalous or which may tend 10 may be unnecessary of $i prejudice, embarrass or delay the fi ie Court may at any stage of the proceedings allow Amend f | andr gery 10 ater or amend his pleadings 19 eh Tame ene pave terms as may be just and all such amendments 377 YS fe mmde az may be necesary for the Dupese of : in_controversy eeoea te ir trial of the suit. Amendment of| %i snag the rel questions i! wis. Fait Ie tf a puty who has obtained an order for eee fo Fale amend does not amend accordingly within the time limited for - that purpose by the order, oF ‘if no time is thereby limited then oer, hall ob ‘within fourteen days from the date of the o ‘of such limited time as permitted to amend after the expiration he case may be, unless foresaid or of such foureen days, a8 t the time is extended by the Court \ ORDER Vit PLANT Forel @ 4. The plant shall contain the following particulars:— in plant (a) the name ofthe Court in which the suits brows, | (@) the name, description and place of residence of the plant, {0 the name, description and pce of residence of the ‘efendant, 50 far as they ean be ascertained (a) where the plantif or the defendant is @ minor or & person of unsound mind, a statement to tat eet; tics coting the Fase Fao when @ tre (© the fics showing tat he Court hs iusto: (tele which the pai ims, (tb) where the plaintfFhas allowed a set-off or relinguished 1 portion of his claim, the amount so allowed oF relinquished; and (statement ofthe fate ofthe subject-mati the suit, forthe purposes of jurisdiction and oF cour-fes, so fr asthe cate adits ‘Scanned with CamScannerParticulars 10 be contained in plain. 1. The plaint shall contain the following particula @ ) ©) @) © © @ () a \ ORDER VI PLAINT the name of the Court in which the suit is brought; the name, description and place of residence of the plaintiff; the name, description and place of residence of the defendant, so far as they ean be ascertained; where the plaintiff or the defendant is a minor or @ person of unsound mind, a statement to that effect; ing te Gas aan weit the facts showing that the Court has jurisdiction; the facts consti arose; the relief which the plaintiff claims; where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed of relinquished; and ‘a statement of the fvalue of the subject-matter pf the su. for the purposes of jurisdiction and of court-fees, so fi" as the case admits. Scanned with CamScanner1908: Act V] iil Procedure 9 2, Where the plaintiff secks the recovery of money, the plant shal state the precise amount claimed But where the plaintiff sues for mesne profits, or for an mount which will be found due to him on taking unsetled Sreounts between hira and the defendant, the plain shal state approximately the amount sued fr. Where the subject-matter of the suit is immovable property, the pla Pifheien to identify it, and, in case such property can be ‘enified by boundaries or qumbers in a record of settlement of furve, the plint shall speify such boundaries or numbers: 44 Where the plainff sues in a representative character the paint shall show not only that he has an actual existing interest in the subjectamater, but that he has taken the steps (if any) necessary to enable him to institute a suit conceming it 5, The plaint shall show that the defendant is or claims to be interested in the subject-matter, and that he is liable to be called upon to answer the plaintiff's demand. 66, Where the suit is instituted after the expiration of the petiod prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed. Devery plaint sat ap ey the plaintiff claims either simply or in the altemative, and it shall rot be nécessary to ask for general or other relief which may always be given as the Court may think just to the same extent as fit had been asked for, And the same rule shall apply to aay relief claimed by the defendant in his written statement. 8. Where the plaintiff secks relief in respect of several distinct claims or causes of action founded upon separate and Aistinet grounds, they shall be stated as far as may be separately and distintly, 9.(1) The plaintiff shall endorse on the plain, oF annex thereto, alist of the documents (if any) which he has produced along with it; and, if the plaint is admitted, shall present as many copies on plain paper of the plain as there are defendants, jnt shall contain a description of the property 5 In money ‘Wher sibject-mater rope ‘When plait representative Defendant's inert and liability tbe shown. Grounds of exemption {rom limitation law. Relief to be ‘specifically’ sa Relief founded fo separate grounds, Procedure of admiting pint ‘Scanned with CamScanner140 Civil Procedure (1908: Act y unless the Court by reason of the length of the pinto the number of the defendants, or for any other sufficient reason, permits him to presenta lke numberof concise statements of the nature ofthe claim made, or of the relief claimed in the ‘suit in which eae be shall present such statements, Concise (2) Where the plaintiff sues, or the defendant or any of statement the defendants i# sued, in a representative capacity, such statements shall show in what capacity the plaintiff or defendant sues ois sued. (2) The plait may, by leave ofthe Cour, amend such statements so as to make them correspond with the plait (A) The chief ministerial officer ofthe Cour shall sgn such list and copies or statements if, on examination, he finds them to be correct. Reumof AOGNY The laine shall at any stage of the suit be Pat retumed fo be presented to the Court in which the suit should have been institued, Prefs on (2) On returning a plain the Judge shall endorse thereon | euming the date of its presentation and return, the name ofthe party | presenting it, and a brief statement of the reasons for returning it apetonet (Gi plait shal be rejected in the folowing cases: (2) where itdoes ot disses RETR] (©) were terete cline ia and be pls on sng equity Cont sone the rlaton whine tbe fed by Be Cou fet do se (©) where the ait claimed is propery value, but he ‘hint is writen upon papensifcen saps) nd he pani, n being required by the Court supply the requisite stamp-paper witin ane beixed by the Coury fais odo: scm te 6 whats Sn ts mao Pisco bees * A colon was substituted, forthe fll-stop and thereafter the proviso was added by the Code of Civil Procedure (Amendment) Ordinance, 1983 (Ordinance No. XLVI of 1983), section 5. ‘Scanned with CamScanner1908 : Act V] Civil Procedure mi Provided that the time fixed by the Court for the correction of the valuation oF supplying of the requisite stamp. paper shall not exceed twenty-one days,] 12, Where a plant is rejected the Judge shall record an Procedure on ‘order to that effect with the reasons for such order. ‘ejecting pain, 18, The ejection ofthe plant on any of the grounds Where jeton etenbefere mentioned shall not ofits own force precute the Slt des plait fom presenting afresh plait in respect of the same ROR cause of action, Fess plant Documents Reed on in Plant {C4 Where paint eles wpon docaments in hs Boson f posecision oF power at evidence in support of hs claims, be {Aeeet along shall athe same time deliver the documents tobe filed wath the pain (@) The Court may return such documents on their being substituted by photostat or true copies attested by the plants pleader on the undertaking that they will be produced atthe ‘time of hearing or whenever asked for by the Court. (3) Where the plaintiff relies on any other documents not ‘nhis postession or power in support of his clair, fe sll enter such documents in alist to be added or annexed to the plant ( ‘nd state in whose possession or power they are.) 15. Where any such document i nt inthe possesion or Sttenesin ower ofthe plan, he shal, i posible, ste in whose SESE possesion oc power itis inolamts ponesanee Poy 16, Where the suit is founded upon a negate Saison insoument and its proved thatthe instrament is Tot, and an TEES indemnity is given by the plaintiff, to the satisfaction of the Court against the claims of any other person upon such instument, the Cour may pass such decree as it would have passed if the plan ad produced the instrument in When the plant was presented, and hada the same time —s ' Rule 14 was substituted, for rule 4 by the Code of Civil Procedure (Amendment) Ordinance, 1983 (Ordinance No. XLVIN of 1983), section S ‘Scanned with CamScannerie Civil Procedure (1908; Acty delivered a copy of the instrument to be filed with the plain, Production of 17.(1) Save in so far as is otherwise provided by the shop-book. Bankers’ Books Evidence Act, 1891 (XVIII of 1891), where the document on which the plaintiff sues is an entry in a shop-took or other account in his possession or power, the plaintiff shal produce the book o account at the time of filing the plang, together with a copy of the entry on which he relies. Original entry (2) The Court, or such officer as it appoints in this behalf, tobemarked — shal} forthwith mark the document for the purpose of and retumed, i entification; and, after examining and comparing the copy with the original, shall, if it is found correct, certify it to be so and retumn the book to the plaintiff and cause the copy to be filed. 18.(1) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint, and which is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit '[: ofthe suit Provided that the Court shall not grant such leave save in J (2) Nothing in this rule applies to documents produced for cross-examination of the ‘defendant's witnesses, or it answer to any case set up by the defendant or handed to @ witness merely to refresh his memory. ——1 ‘Scanned with CamScanner(GINGRit shall be defeated by reason of the misjoinder or eer nonjoinder of parties, and the Court may in every suit deal with! the matter in controversy so far asqregardsetherightsand the parties actually before it. 10,(1) Where a suit has been instituted in the name of the ‘wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just. (2) The Court may at any stage of the proceedings, either upon or without the application of either. party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ‘ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to and settle all the questions involved in the suit, be added. Stit in name of ‘wrong plaintiff. Court may strike out or add parties. ‘Scanned with CamScannerNecessary Parties: Order I rule 1-10 CPC is followed for making parties in this suit. Moreover, as per the provision of section 6 of the P.O.142 of 1972, in a suit for the specific performance of any contract relating to the transfer of any immovable property Government is necessary party. The provision of said section 6 reads as under: “No person shall, without joining the Government which shall be a necessary patty, file or proceed with any suit- (a) for the specific performance of any contract relating to the transfer of any immovable property or for declaration of title to, or assertion of ownership of, any such property, (6) for enforcement of mortgage security in relation to any immovable property except where the mortgagee is the Government of a local authority or a scheduled Bank or statutory corporation or a co-operative society, or for partition of immovable property where the total area of the property involved exceeds one hundred standard bighas.” ‘Scanned with CamScannerComputation of fees payable in certain suits. for money; for maintenance and annuities; for moveable propery having a ‘market value; for moveable Property of no ‘market value; (CHAPTER - Computation OF Fees 1. The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows: i. In suits for money (including suits for damages or compensation, or arrears of maintenance, of anntities, ot of other sums payable periodically) -according to the amount claimed: ii, In suits for maintenance and annuities or other sums payable periodically-according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year: Provided that, in suits by widows for maintenance such value shall be deemed to be the amount claimed to be payable for one year. iii, In suits for moveable property other than money, where the subject-matter has a market-value - according 10 ‘uch value at the date of presenting the plaint: ® in suits @ ‘or moveable propeny where the subject matter has ro Imarket-value, as, for inst-ace, in the case of documents relating to ttle, . (©) [Omitted by section 7(1) of the Court-fees (Amendment) Act, 1935 (Act No, VII. of 1935).] ‘Scanned with CamScanner1970: Act VII) Courses 365 (© obvain a oe order, where for declaratory consequential rei is prayed decree and feonsequental rele (2) tan sm injetion. ¢ foran injunsion; (@) fra tihe to some benefit (not herein otherwise provided foran for) to ase out of and ana essements (9 for aecounts for accounts; according tthe arnount at which the ie sought is valued inthe plant or memorandum of appeal subject 10 the provisions of setion SC. ‘(pall such suits the plaintiff shell state the amount at ‘which he values the relief sought Provided that in such sits the satin shall not be such as would atract a court-fee of less than ¥ewo hundred aah] \ Unstits forthe possessign of land, buildings or gurdens- (@) according to the value of the subject-matter, and gush For possession ‘value shall be-deemed to be fileen times the net profit of yhich ave arisen from the land, building elena m_the land, building oF ao “uring the yee next before the ite of presenting the Bi (Ete Ca es eso tink at such prot fave been wrongly estimated ifesn times sich amount 2s the Cout may assess a8 sich profis( according 0 the market-value ofthe land, building or garden, "The words, colon and ful-sop “In all such suits the plaintiff shell state the amount at which he values the relief sough Provided that in such suits the valuation shall not be such as would atract a court-fee fess than one hundred taka.” were substituted, forthe words and fullstop "In all such ‘suits the plaintiff shall state the amount at which he values the reli sought.” by the Finance Act, 1989 (Act No. XXXVI of 1989), section 2(. 2 The words “vo hundred taka” were substituted, forthe words “five hundred tka” by the Court-Fees (Amendment) Act, 2002 (Act No. XXIV of 2002), section 2 ‘Scanned with CamScannerCour fees (1870: Act vay 366 tung or garde such profs ae nt ai graph “building” include explanation.-In his paragraph a. Parimie, ourhouse, stable, privy, urinal, shed, but, al and any other such structure, whether of masonry, Drcks, wood, mid, metal or any ober material whatsoever toenforcea In suit to enforce aright of pre-emption-according tote fahtof we nmarket-value of the lan, building or garden in respect spon if which the ight is claimed ‘(Provided that in an application to enforce a right of pre. cmption under setion 96 of the State Acquistion and Tenancy Act, 1950 (EB Act No. XXXVI of 1951) or under section 24 of the Non-Agricultural Tenancy Ae, 1949 (EB Act No XXII of 1949), w fine fee of amount of"[two hundred taka shall be payable, Explanation.~in this paragraph "building" has the same ‘meaning as in paragraph v;] piped & {mn suits for panition and separate possession of a share andsowae, 7 ort fly propery of of aot ope a rec t vfs aight 0 sharin any rope on he ound ny thai jin ay pes ore popery Property, ete, — i pints bea ETAT om ase of Property of wich he Ss o Over, sesodng © teat vale a he she ‘sesof wich suited, Te i nd Etta were sabi ‘Act, 1989 (Act No. XXXVI of 1989), scetc a eee ee Maes " in 20). ‘The words "wo hundred tk” were sub were substittd, forthe words five unde tl by he Cour-Fees Amendment) Act 2002(Aet No KKIV ef 0s oe ee ‘Scanned with CamScanner54, The date of filing shall be stamped on a int as soon as is filed, shal sean On Presentation or rcccipt of a plain, the he Court 5 fal cann in order to find out whether all the requirements of law have been complied with. This examination should be particularly directed to ase certaining, among other (i) whether the plaint bears full stamps in accordance with Valuation put upon it; {QBiblls stamps in accordance with the whether it has beon property signed and verified (Or. 6, rr. 14 and 15); (ii) whether it complies with the requirements of Or. 7, rt. 1, 2, 3, 4, 6 7 and 8; (i) whether itis accompanied by the necessary copies{of plaint and process- fees and draft forms of summons (ai 1 (LAY; () whether the documents attached to the plaint (if any) are accompanied bya list in the prescribed form [Or. 7, r. 9(1), see also r. 9(4)}; (vi) whether itis accompanied by the party's adress as required by Or. 6, r. 14-A and contains the necessary particulars (vide rule 21) ; (vil) whether in the case of minor plaintiffs and defendants the require- ments of Or. 32, rr. 1 and 3 have been complied with and the necessary application supported by an affidavit verifying the fitness of the pro- posed guardian ad fifem of the minor defendant(s) has been file whether the suit is within the pecuniary and territorial ju the Court; egsunlary (x) whether the vakalatnama has been properly accepted and endorsed the Advocate [vide rule 822, and in particular sub-rule (6) of the rule), and whether in the casc of illiterate executants, the provisions of ules 821 and 822 (4) have been complied with, n of Scanned with CamScannero Civit RULES AND ORDERS. {cnar. 2 (2) The officer _cxamining the plaint is required to certify on the top Jeft hand margin of the first page of ‘the plaint the sufficiency or otherwise ofthe stamp borne and to note the amount ef deficiency, if any. A-serond Certificate is to be appended if and when the deficiency 's collected. _. G)_ The officer examining the plaint should refer to the presiding Judge it ne thinke chat IC should. be returned or rejected for any reason: Tt will then be for the Judge to deal with the matter. Note 1—Sce also paragraphs 1,2 and 3 of the Civil Suit Instructions Manual, 1935. Note. 2—As t 9 to Il, Civil Suit appearance of defendant and Gling of written statements 46° paragraphs iuctions Manual, 1935. Note 3—As to the procedure to be follow ed in cases where there are one of more minor defendants (see rule 124 chapter 6.). ‘Scanned with CamScannerlac taka and two lac taka respectively. Amended section 19(Vide Act No.5 of 2021): (1) Save as otherwise provided by any enactment for the time being in force, the jurisdiction of Senior Assistant Judge and an Assistant Judge shall extend to all suits of which value does not exceed 25(twenty five) lac Taka and 15 (fifteen lac Taka respectively. (2) The District Judge shall transfer the suit or proceeding pending before the Joint District Judge or to the Senior Assistant Judge Court to the competent court within 90 (ninety) days from the date of enforcement of the Civil Courts (Amendment) Act,2021. I ‘Scanned with CamScanner360 Amended Section 21(Vide Act No.5 of 2021): (1) Save as aforesaid, an appeal from a decree or order of a Joint District Judge shall lie- fa) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed 5(five) crore Taka; and (b) to the High Cdurt Division in any other case; (1A) No appeal or proceeding pending before the High Cort Division shall be transferred to the District Judge only because of the enhancement of pecuniary jurisdiction of a District Judge by the Civil Courts (Amendment) Act, 2021 ‘Scanned with CamScanner