Shanto-Mariam University of Creative Technology

Assignment
Course Name: Principles of Civil Litigation
Course Code: LL.M- 6203

Topic:-i) What do you understand by Civil Litigation?

ii) Describe the suits of Civil nature.
iii) Discuss the problem of delay in disposal of civil suit.

Submitted To:
Muhammad Nural Hoque
HoD & Course Teacher
Department of Law

Submitted By:
Name: Rasel Mokami
ID: 212561004
Batch: 16th
Semester: 1’st
 Date of Submission: 24.08.2021

i. What do you understand by Civil Litigation?

Answer:
Definition:
Law is a system of rules, enforced through a set of institutions. It is a fundamental
principle of law that where there is a right there is a remedy. A person having his grievance
of a civil nature has a right to remedy through instituting a suit in the civil Court of law.
Civil litigation means civil suit or civil proceeding for establishing lawful rights of a
citizen. Section-9 of the Code of Civil Procedure-1908 provides "The Court shall have
jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is
either expressly or impliedly barred". The expression 'suit of a civil nature' covers private
rights and obligations of a citizen. Further the expression 'the Court shall' and "to try all
suits' casts an obligation on the Court to exercise jurisdiction for enforcement of rights of a
citizen and the word 'shall' makes it mandatory. No Civil Court can refuse to entertain a
suit if it is under the description of section-9 of the Code of Civil Procedure. As per Black's
Legal Dictionary, the word 'civil' means "relating to provide rights and remedies sought by
civil actions as contrasted with criminal proceedings." Historically, the two broad
classifications were 'civil' and 'criminal'. Subsequently, Revenue, Tax and Company
matters were added to the class and they pertain to the larger family of 'civil. There is thus
no doubt about the width of word 'civil' and its width has been stretched further by using
the word 'nature' along with 'civil. The word 'civil nature' is wider than the word 'civil
proceedings'. The section-9 of the Code would, therefore be available in every civil
litigation where the dispute is of the characteristic of affecting one's rights which are not
only civil but of civil nature.

ii. Describe the suits of Civil nature.

Answer:
Suit of Civil Nature:
A suit is of civil nature where its object is the enforcement of a civil right or obligation.
The distinction between a criminal proceeding and a civil proceeding are that one is for
punishment for committing an offence and another is for the enforcement of legal right. A
suit in respect of property is a suit of civil nature. The word ‘property’ embraces all objects
which can be owned by a person. It may be tangible like movable and immovable property
or may intangible one like patents, designs, copyrights, trademarks or right of franchise,
right of fishery, right of ferry and hats. As for example the following suits are suits of a
civil nature:
i. Suit relating to the rights of property.
ii. Suit relating to the rights of worship.
iii. Suit for damage for civil wrong.
iv. Suit for compensation for breach of contract.
v. Suit for specific performance of contracts.
vi. Suit for restitution of conjugal rights or dissolution of marriage.
vii. Suit for rents or eviction of tenant.
viii. Suit for rights of hereditary office.
ix. Suit for wrongful dismissal from service.

iii. Discuss the problem of delay in disposal of civil suit.

Answer:
Problem of Delay in Disposal of Civil Suit:
i. The high image of judiciary is now being fast eroded by huge pendency in the
Courts and long delays. The demand for making justice speedy has been raised in
every quarter for long time. The entire judicial system is, no doubt, in the juncture of
problem as the aggrieved persons are not getting justice expeditiously. Some of the
civil cases, the litigants die before they reap the fruits of their legitimate claims and
even second generation would be considered lucky to get justice for the vindication
of their rights. It is said that being involved in a law-suit is like being grounded to
bits in a slow mill, it is being roasted at a slow fire, it is being stung to death by
single bees, it is being drowned by drops and it is going mad by grains.
ii. If the Civil cases are not expeditiously disposed of it has a disastrous effect on the
society. Sloth and tardiness in disposal of the civil cases breed criminal propensity.
 Those who wait for years together for result of their cases in Civil Courts and got no
result, ultimately take to violence giving rise to criminal cases. The confidence of
the people in the Courts is essential for maintaining an orderly society. If this is lost,
people will think that even really just judgment do not have any value that Courts do
not vindicate their legal rights and that law cannot protect them. Therefore, a
systematic national attention should be focused on this problem. If adequate radical
steps are not taken within shortest possible time, it can be allowed the matters to
drift at peril of the judicial system. Therefore, the present system of dispensing
justice requires complete overhaul and to tackle this situation requires drastic
measures. Because we have to remember that where law fails to deliver justice,
hands and swords take over and where the law is unable to protect public interest,
the rule of the swords gets its way that is anarchy begins.
iii. A survey conducted by UNDP reveals that 76% cases in Civil Courts are on land
disputes. Every year transaction to the tune of Tk.2400/= crores takes place for legal
charges and other Court expenses on account of land dispute cases excluding bribes.
If the land dispute could be stopped or minimized, the national growth rate could be
increased several times. Land management is always a complex work, particularly in
Bangladesh where 140 million people live in an area of 14,000 square kilometers -
one of the highest population densities in the world. Only 10% of rural family units
own 51% of the land and 80% of family units only 25%. The numbers of landless
families are increasing every year and now it is more than 50%. Research data
shows, on an average in each civil case 43 persons are implicated as defendant,
witnesses, lawyers, lawyer's clerk etc. Millions of man-hours are being wasted every
day throughout Bangladesh congregating near Courts each day. If the prevailing
tendencies for making land dispute cases be checked, then 80% of the existing
bottlenecks on the way of disposal of civil cases will be removed.
iv. Sharsha is a village of Tala Thana in Shatkhira District, situated on the bank of the
river Kopotaksha. It is like any other villages in Bangladesh. After a long search, the
house of Shorupjan Bibi was found, a straw-covered thatched-roof earthen hut, a
tiny courtyard. Widowed with a son at a young age, Sharupjan Bibi received
approximately one acre of land in writing from her mother. But to protect this,
Sharupjan has been fighting for over a decade. In 1989, by producing fake
documents, an influential person of the village grabbed her land. From then on, for
the last 15 years this widow has been shuttling from door to door of the Court. While
showing the Court papers, Sharupjan Bibi said "the verdict of Shatkhira District
Judge Court in 1992 was in my favor. I thought Allah had saved me. But the
opposite party took the case to the High Court, Dhaka." When the hearing date is
 fixed this illiterate widow collects some money from here and there and travels 200
miles to the Court in Dhaka. She further said "I think I have been to Dhaka 50 times.
Even after all these days, I cannot repay the 20,000/= taka I borrowed on interest and
paid to the Advocate."
v. In every District Court, even before the clock has struck ten, the veranda of the
Court, the Courtyard and the long hall of the Advocates are spilling over with
litigant people. A client of Advocate Mahtab Husain of Chuadanga District Court
said that after filing a case to evict a tenant, he has been coming here for ten years.
There is no special bench in Chuadanga to try such cases. Osman Gani's case is also
for eviction. He said "The SA record is in my name, Dalil (deeds) is mine and I have
been using the land for last 33 years. Yet, they are harassing me by filing a case
against me with fake documents. The case has been running for seven years. The
dates of the case are shifting each month and I have to come to the Court in each
month leaving my job and counting the hajira fees to the Advocate."
vi. As time passes by, cases are being piled up in the Courts of law while hope for
getting unhindered justice is still crying in the wilderness. The procrastination in
dispensation of justice and costly procedure of getting justice have become so awful
that aggrieved people rather get scared of visiting the corridors of Courts. When a
common man desires justice in the Court of law, there are two dreading hurdles -
firstly, heavy expenses which he may be required to incur and secondly delay in
disposal. There are numerous instances that poor people who went to Court to
address their grievances turned paupers after selling of their land and property to
meet the expenses of the Court, but did not get justice in their lifetime. In the
research work in Dhaka District Court, it has been found that there are 5025 civil
suits are pending for 7-10 years, 4594 civil suits are pending for 10-15 years, 1037
civil suits are pending for 15-20 years, 566 civil suits are pending for 20-25 years,
965 civil suits are pending for 25-30 years, 1025 civil suits are pending for 30-35
years and 13 civil suits are pending for 35-40 years. Most of the above cases are
stayed by the order of the High Court Division.