Different stages of a civil suit

 What is the Nature of Civil Proceeding?

1. Adversarial Process:
In Bangladesh, civil litigation is inherently adversarial, which means it is a
contest between two parties. These two parties are known as the plaintiff and
the defendant in a civil action.
2. Balance of Probabilities:
Unlike in criminal cases, where evidence must be beyond a reasonable
doubt, in civil cases, there must be a balance of probability, i.e., more likely
true than false.
So, if the plaintiff can establish a clear and convincing case in court and
the defendant does not provide any evidence, the judge should rule in favor of
the plaintiff. The plaintiff just has to prove a prima facie case (greater than 50%
truth).
Similarly, if the plaintiff fails to establish a prima facie case, the defense
is likely to prevail.

 Purpose of Civil Proceeding

A civil case always protects another person's rights, and if someone's
rights are violated in any manner and he is entitled to compensation, the main
goal of the civil case is to obtain that compensation.
 Name of different posts in civil judiciary
Name of different posts in civil judiciary are:
1. Judge = Presiding officer
2. Peshker = Bench Assistant
3. Serestadar = Record Keeper
4. Copier = Administrative officer
5. Nazir = Process server

 Functions of Nazir:
Functions of Nazir are given below;
1. To collect process from different courts
2. Give an entry of the process to the Register
3. Distribution of Process to the Process Server
4. To Receive the return from Process Server
5. Send back the process after serving to the court from where processes were
issued
6. To monitor the diary
7. To collect requisition from different Courts
8. Distribution of purchased goods as per requisitioned
9. Dispatch letters to different offices and receiving thereof 
10.To look after precious things of the Court
11.To look after moveable and immovable property of the Court
12.Maintenance of vehicles
13.Receiving money and deposit into the Bank
14.Distribution of Service Stamp
15.Preparation of letter and presentation thereof to the Court
16.To conduct the Auction sales
17.Restoration of possession relating to works as directed by the court
18.To distribute work of Process Server
19.Protocol related works.
 Stages of a civil suit
There are 3 stages in a civil suit.
1. Pre-Trial stage
2. Trial stage
3. Post-Trial stage

 Pre-Trial stage
1. Institution of suit or filing of a plaint or presentation of the plaint:
A civil complaint must be filed with a plaintiff who sufficiently describes
the situation, shows the cause of action, and seeks appropriate remedies.
This is guided under Sec 26 CPC, Or 2 r-1-7 as well as Order 6 and 7.
2. Issuance of summon and service to defendant/issue of process:
After the initiation via plaint, the summons must be duly served within 5
days to the defendants by the cost of the plaintiff so that the other party can
appear before the court to defend himself and bring the real picture of the
suit.
According to tor section, 27 & 29 and the rules are mentioned under
Order 5 of the Code.
3. Service Return/Appearance of defendant (Or-5 r-18):
Summon will not only be sent, the service will be returned.
Service return is a copy of the summons received by the defendant
which will be returned to the court. The process server will then come and
inform the court that the summons has been duly served.
Summon can be issued in 2 ways
a. In person
b. By post
4. Filing written statement (Or-6 and 8):
Defendant may file a written statement on the day he appears or he may
submit a written statement to the court on a date in the future.
5. Alternative Dispute Resolution (89A, 89B and 89C):
At this stage it is mandatory to initiate an alternative dispute resolution
(ADR) so that parties can solve their dispute out of the court, it is preferred to
prevent a long procedure and to save both the time and money of both
parties.
The procedure and rules of ADR under CPC is mentioned in section 89A,
89B and 89C.
6. Framing of Issues (Or-14 of CPC)
If ADR does not solve the dispute, then at this stage the court will
determine the issue of the suit. An issue arises when a material proposition of
fact and law is accepted by one party and Denied by the other party.
7. Steps under section 30 of CPC (Sec-30 Or 11,12,13,26):
After framing the issue, the court may give order on the application of
the parties with regard to the delivery and answering of interrogatories, the
admission of documents and facts, and the discovery, inspection, production,
impounding, and return of documents or other material objects producible as
evidence.
8. Settling of date S/D (Or 18 r 20)
Now the court settles a date for a peremptory hearing that is the date
for trial.
 Trial stage
The trial stage can be considered the main part of a suit, where the court hears
witnesses, takes evidence, considered documents, and finds the answers to
the issues.
1. Opening the case (Or-18)
It is the right of the plaintiff to open the case and at this stage, the
plaintiff states the nature of the case, the issue in the case, evidence of the
witnesses.
Sometimes, this right-shifted on the defendant. The defendant will have
the right to start or open the case.
In this case, in the civil case it depends on who bears the burden of
proof.
If the plaintiff opens the case first, then the plaintiff will deliver his
closing speech later.
In this opening speech some issues have to be presented to the court.
These are:
a. has to mention before the court about the nature of the case with the
fact.
b. has to state before the court the issues in the case
c. I have to say how I will prove the case on the basis of evidence
2. Examination in chief (Sec. 135-165)
There will be peremptory hearing such as cross-examination and re-
examination.
The plaintiff will present his testimony in court and the plaintiff will have
to prove that he has the prima facie case and he will have to prove it.
If the plaintiff fails to prove the prima facie case, the defendant will
simply say "No case to answer for the defendant". Having said that, the court
will dismiss the case here.
3. Cross examination (Sec135-165)
The witness of the party will take the statement and the lawyer of the
opposite party will cross-examine.
4. Re-examination and further cross (Sec135-165)
If that witness due to the presser of the opposite party or any other
reason loses his track from his stand or get confused with the party of which
he is a witness can question him again for clarification, this is called re-
examination.
Further peremptory hearing is if the peremptory hearing cannot be
taken in one day and the next date to be given is further peremptory hearing.
5. Argument (Ch 28 Civil Suit Manual)
After taking evidence and before the judgment parties argue before the
judge on the point of law and fact based on the documents and evidence they
have received during the trial.
Parties try to convince the judge in their favor. This is known as an
argument. Argument is the final chance to win a case.

 Post-trial Stage
1. Judgment (Or-20 Ch-29 of Civil Suit Manual)
Once the hearing is complete the court will pronounce judgment at once or
reserve the judgment for a future date.
Every judgment contains;
(i) a concise statement of the case
(ii) points for determination
(iii) decision thereon
(iv) reasons for the decision.
2. Decree (Or-20 Ch-29 of Civil Suit Manual)
The decree is the final order after analyzing the entire case. Here the
Judge would finally tell you whether you’ll get what you claimed or not. The
remedies that the court usually gives are specific performance, specific relief,
or injunctive relief.
Decree marks the end of the suit.
3. Execution (Sec 36-47 of CPC) (Or-21) (Ch-10 CRO) (Ch 35 of Civil Suit
Manual)
Executing a Decree means carrying out a Decree.
This is the last stage of a civil proceeding and by application of the
decree-holder the court takes the necessary steps to execute the decree.
When the respondent refuses to comply even after receiving the verdict,
has to make an application of Executing a Decree or file a case. After filing the
case, the court will give a date for hearing the application.
Based on the hearing of that hearing, the court will showcase the
respondent and say why he does not comply even after the verdict against
him.
If the defendant still does not comply, the court will send police or court
officer to evict him.
4. Appeal (Sec-96-112, Or 41)
Appeal is the power of the superior court to change/correct the
judgment of its subordinate court where is there is a significant mistake or
error of law.
5. Review (Sec-114 Or 47)
Review is another procedure to get the proper justice, here the
application is presented before the same court that gave the judgment to
review and reconsider its judgment.
6. Revision (Sec-115)
Revision is like an appeal, presented before a superior court. The
revision shall apply where there is an error of law and/or occasioning failure of
justice but no legal guideline for appeal.