Acknowledgement

First, I would like to express my sincere gratitude to Mr. Kazi Murad Hossain Sir, Assistant
Professor, Law Discipline, Khulna University, for guiding me some useful tips for this study
relating to practical knowledge of the civil suit procedure and providing us several kind document
like : Plaint, Written Statement, Volkalatnama, Ordershett, form of Commissioner, judgement,
Khatiyan etc and also teaching us before, during the preparation of the assignment.

I, the student of 3rd year students of Law Discipline, Khulna University have our course LJ 3210-
Law of Civil Procedure , where we can explore the practical views of the procedures followed in
civil suits and our teacher introduce us about different stage of civil suit .

From the sessional class and the document which provide by our teacher, we can learn every
aspects of our course practically. It helps us to relate the practical issues with the codified law.
This assignment may not perfect. But I hope it can be useful for us.

Sarada Biswas

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 1. Introduction :
Sessional class help to observe the different stage of civil suit. Sessional classes give me practical
knowledge of civil procedure which is very important. Sessional class objectives to introduce us
to different stage of civil suit, to familiarise different documents of civil suit and to make us
Knowledge about the court proceeding. From sessional i learn about how define the jurisdiction
of civil suit and also learn about pecuniary jurisdiction, territorial jurisdiction, jurisdiction as to
subject matter etc. From sessional class, familiarise to different document relating to plaint,
vokalalnama, Summon, written statement, application for amendment of plaint, application for the
commissioner etc. The learning outcomes from sessional class and different document relating to
civil suit are describing in the next ponit.

2. Learing Outcomes from sessional class and several documents relating to

civil suit

Related Document for a civil suit ( suit for parmanent injunction which document produce by our
teacher :

Case name : Alhaz Nur Mohammad Sheikh vs Upazila Health and Family Planing Officer and
others

Civil suit no : 93/09

1. Okalotnama
2. Plaint
3. Summon to the defendant to appear before the court
4. Show cause notice to the defendant
5. Summon to present related document
6. Reply to show cause
7. Written statement
8. Application by defendant to set aside the ex – partee
9. Application by plaintiff for appointment of advocate commissioner
10. Letter of information by plaintiff about the demages caused by the defendant
11. Application by defendant to produce document before court

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 12. Order for appoint advocate commissioner
13. Objection by plaintiff about the report of Advocate commissioner
14. Order sheet
15. Judgment
2.1 Learning Outcome from Vokalatnama

Vakalatnama is a document in writing, appointing a lawyer or pleader to represent the plaintiff

/defendant matter in a court of law. From a document relating to vocalatnama of Civil case 93/09,
I observe the following content

I. In this case, Vokalatnama is signed by the Party named Md Kabir Hossain Khan and
Ferdous khan who appoint advocate Sufal Kumar Das. So from this i learn that
vokalatnama is signed by the party who appoint lawyer.
II. In this case, on the form of Vocalatnama the name of the court is contain. The name of the
court/courts which the advocate is being appointed.
III. Vocalnama mentions that the power is given to the lawyer
IV. Parties signed the head of Vocalatnama vertically
V. Vocalatnama contain the list of the name of all Advocate of the District Advocate Bar and
among them it mark the name on appointin Advocate
VI. 10 tk Stamp contain in it.

2.2 Learning outcomes from the document relating to plaint

Plaint is document by presentation of which in a civil court, a party seeks relief from such a court.
From observing plaint of a civil suit no- 93/09, I learn that a plaint shall contain the –

i) The name of the court where the suit is to be Instituted, in this case suit Instituted in
the Mokam Bagherhat Morajgonj Assistant judge Court.
ii) The name, description and place of residence of the plaintiff in this case Alhaz Nur
Mohammad, Father: Late Ayez Uddin Sheikh; Place of residence: Moralgonj,
Bagerhat.

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 iii) The name, description and place of residence of the defendant. In this case name of the
defendant Upazila Health and Family Planning officer, AC Land, UNO, Moralgonj,
Bagerhat and Executive Engineer, WDB, Bagerhat and DC, Bagerhat.
iv) Facts constituting the cause of action, in this case from point 1- 6 the fact of cause of
action described.
v) From the facts showing that the court has the jurisdiction to try this suit, in the fact
details relating cause of are describe relating to territorial and pecuniary and subject
matter jurisdiction.
vi) From observing the plaint of this case civil suit no 93/09, i find out that the relief
claimed by the plaintiff are contain in the point 7 of the paint
vii) A statement of the value of the subject matter of the suit are contain in the point 8 of
the plaint. Details of claim properties are given in point 8.This case is relating to
immoveable property so according Order 7 rule 3, it shall contain a description of the
property sufficient to identify it and it is also identified by the boundaries or numbers
in a record of settlement Survey, the plaint shall be specify with such boundaries or
number. In the discussing case, point 8 given the details of claim property.
viii) Plaint sign by the plaintiff on the first page of the plaint by vertically.
ix) Verification of plaint by the plaintiff : At the end of the plaint, there will be a truth text,
in which the plaintiff will verify that "the written details stated in the plaint are true to
the best of my knowledge and belief”.
2.3 Form of Summon

In the case civil suit no 93/09, after examination of plaint by sheristadar and he report to the
presiding judge. After that the judge order for summon.

In this case, the court issue summon relating to notice to show cause to Upazila Health and family
planing Officer, Moralgonj, Bagerhat and all the defendant severally for appear before the court at
the fixed day for hearing.

From this document I observe that court issue summon for

 Summon for appear before the court

 In this case we find that court issue summon for produce document and witness.

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  I also find that in the form of summon it sign by the sheristadar.
 Notice to show cause .
 Observing case no 1874/08, summon to defendant Sudir Mondal for appear before court
either in person or by agent or by advocate on the day 4-7-2011 at 9 am. So the summons
will state who is summoning whom, when and where to appear.It is also signed by Niranjon
Mondal on behalf on plaintiff.

In the document of the case 93/09,I find a document relating to notice to show cause in the High
court form, appear in person or by Advocate

Reply to Show Cause Notice

In case 93/09, All the defendant reply in an application on their behalf

2.4 Written Statement

From observing the document i observe that the written statement contain with-

The number of the case for example Civil suit no 93/09

The name of the court like Assistant Judge Court, Moralgonj, Bagerhat.
The name of the plaintiff and defendant.
The Defendants filed a written statement against the Plaintiff's application and they
specifically denied their claim. In this case the defendant deny the plaintiff's relief from
point 1-6.
At the point 7 of the written statement, The Defendants give a factual account of the case
on their behalf.
At the point 8, the described that the case is in favour of them and the paint of plaintiff
rejected.
After observing case no 22/09 Md Kabid Hosen vs Mirza Khalid, at the end of written
statement the defendant verified the written statement as per order 6 rule 15 .
I also find that it stamp with 5 tk revenue paper.

2.5 Application for Amendment of plaint

After observing case Sudhir Mondal Vs Sibenaronath Mondal, Civil case no 1874/08, I observe
that

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  It contain with case no and party name
 Apply to the Batiyaghata Assistant judge Court, Khulna
 Which point of the plaint has to be changed, which words have to be mentioned specifically
 Verification of application for amendment of plaint by the plaintiff : At the end of the
application , there will be a sathapath, in which the plaintiff will verify that "the written
details stated in the application are true to the best of my knowledge and belief”. In this
case it was signed by Sudir Kumar Mondal and dated 29/10/17

2.6 Application by defendant to set aside the ex parte decree

In this application by defendant for order that discharge of injunction as per order 39 rule 4. In this
application they pray that for the interest of Justice the court grant their prayer. I find in this
document that it also verified by the applying parties at the end of application.

Application by plaintiff for appointment of advocate commissioner

After reading this document from case 93/09 and case 40/2019,I observe that

 The plaintiff apply for Advocate commissioner for local investigation to the court.
 This application contain with the ground for which plaintiff apply for commissioner.
 This application also contain the details of the immoveable property which is investigated
contail with J.L. no (Jurisdiction List no), Khatiyan no, total number of property and
boundaries of the properties.
 It will mention the ground that will be investigated in any matter.
 In this application form, cost of Commission mentioned.
 At the end of application, it varified by sathapath

2.7 Objection about the report of Advocate commissioner

From observing the document I observe that

 The plaintiff apply to the court about that report was false, this report made without
necessary party and they bring allegation against the commissioner.

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2.8 Commissioner apply to both parties advocate for appear on the day of local investigation

The Commissioner who appoint for again local investigation he notice to both party for appearance
on the day of local investigation with document –

 Map
 Porca
 Others necessary document

2.9 Application for Bill of Advocate Commissioner

After observing document of case civil 40/19

 Advocate commissioner applied to the Assistant Judge Court, Rupsa,Khulna for the bill of
his charge for the local investigation.
 He specified his charge 2000 tk and signed and dated by him

2.10 Affidavit

Plaintiff verified his statement by affidavit that his statement true to the best of his knowledge and
believe. It signed by that person. It signed by identifying Advocate and also signed and dated by
sheristadar.

2.11 Oder of Compromise Suit

After observing, Md Mozammel Sorder vs Md Zobbar Sardar, Civil Suit no. 63/12

Honourable Judge fixed date for compromise order.The suit be decree in preliminary form on
compromise. This decree also contain with the value of claim property and court fees.

2.12 Oder sheet

Order sheet means the Daily recording of the proceeding.

Honorable Kazi Murad Hossain Sir, provide 3 document relating to oder sheet from the case –

1.Case name : Alhaz Nur Mohammad Sheikh vs Upazila Health and Family Planing Officer and
others ,Civil suit no : 93/09

2. Case name : Haran Candra Mondal Vs Pabitra Mondal, Civil suit : 117/11

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3 Case name : Dr Md Rejaul Karim Vs Md Ali Hosen, Civil suit no : 145/14

After reading the document i observe that odersheet containing with the following order

 Issued by Senior Assistant / Assistant judge : Observing the order sheet of case 93/09, i
find out that every order of the daily recording of the procedure issued by judge. Every
order of the oder sheet issued by assistant judge
 Order for registration of plaint : From the ordersheet of case no 117/ 12, i find out that at
first sheristadar reported to judge that the plaint is duly present then the honorable judge
Nusrat Jahan order for registration of plaint with court fees on 31/10/11.
Another case 154/14 i observed that judge order(order -1, Date 22/9/14) for registration
the paint.
 Order for issue summon : From civil suit 145/14 i find out that the judge order for summon
after receiving list of document from plaintiff.
 Oder for appear before court for settling issue
 Ordersheet contain with the date on which such order is made and number of order and
which order passed by judge and signed by judge.
 Number of the case contains in the head of every page of the order sheet and contains with
number of point.

So from observing those document i learn that odersheet containing with the daily recording of the
order made by judge at civil procedure.

2.13 Judgment and decree

Observing document relating with judgement and decree from the following case:

1. Dr Md Rejaul Karim Vs Md Ali Hosen, civil suit no -145/14

2. Sudhir Mondal Vs Sivenaronath Mondal Civil suit no – 1875/08

From observing those documents i learn that

From observing Sudhir Mondal Vs Sivenaronath Mondal Civil suit no – 1875/08 judgment
contains with the court name for example : Senior Assistant judge Court
Batiyaghata,Khulna.

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 Also contain the name of judge : Pronob kumar Hui and Date of Judgment both Bengla
and English
After final hearing on 22/4/18, 4/6/18, 25/6/18, 25/9/19, 24/1/19 in the presence of
Advocate Nihar Rajnan for the plaintiffs and Aurobindo Shekhar Mandal for the
defendants, the judge pronounced judgement on 07-02-2019. From observing this
document i observe that judgement pounced immediately after final hearing.
Content of judgement :
a) Consise statement : Sudhir Mondal Vs Sivenaronath Mondal Civil suit no –
1875/08, in this case It is a suit brought on Batwara and its summary mentions the
extent of land, dag, khatian and name of the parties. Cause of action is briefly
described. There is a description of what the plaintiff pleads and what the defendant
pleads.
b) Point of determination : 5 point of determination
c) Decision and reason : 1,3 & 5 being in favor of the plaintiff, the suit is dismissed
Observing the document of case 145/14 i observe that judgement containing concise
statement of the case, then the point of determination, then decision theron and the reasons.
In this case it was observed that Decisions on points 1-4 are in favor of the plaintiff
Decree in original suit: Observing the document of decree from suit 1875/08, decree has
been drawn up in accordance with the judgement, sign by juge.In this case, Decree was
passed on 14-02-19 but it was drawn up on 7-2-19 and it signed by Judge Pronob Hui,
examined by Sheristadar. The decree was drawn up within 7 days from the date of
judgement.

2.14 Court fees

If the decision is not ex parte, court fees presented in the succession suit. Document paper filled
by the Govt revenue stamp It is determine by court fees act.From document i observed it signed
by Advocate.

2.15 Valuation Statement

From observing case Golam Mostafa Farazi vs Sattar Sardar i observed that,

 Valuation statement signed by plaintiff and defendant and signed vertical way.

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  Valuation determination by the Suit Valuation Act.
 Valuation statement describe the place of cause of action
 Verified by plaintiff : At the end of the valuation statement , there will be a Sathapath, in
which the plaintiff will verify that "the written details stated in the valuation statement are
true to the best of my knowledge and belief” and signed by plaintiff.
2.16 List of document

Civil suit no. 1874/08 was related to partition suit. In this suit defendant produced the following
document: -The main document of Kabalah, certified to be true copy

BRS khatian no – 224

Land Development Tax Payment Receipt
Misc case 45/12, was related with suit for succession certificate, so relevant document in this
regard - Inheritance certificate

Death Certificate by Chairman

Death Certificate from Doctor

Case no 93/09 relating to permanent injunction in immovable property so in this regard the related
document for this suit

Possession Certificate
Rent giving certificate
Mouza Map, khatian
2.17Commission for a local investigation : Assistant Judge informed Advocate commissioner
After observing case Abdur Sabur Vs Executive Engineer, civil suit no – 40/19, i observe that
Assistant Judge applied to Commissioner Advocate that he appointed for local investigation.
So from this i observe that assistant judge informed Advocate Commissioner. In this form, he
specificed the fees of Commissioner, in this case it was 2000tk

2.18 Report by Advocate commissioner

After observing case Abdur Sabur Vs Executive Engineer, civil suit no – 40/19, i observe that

 Advocate commissioner apply to Assistant judge Court, Rupsa about inspection report.
 He specified the date and time of inspection.
 Report contain with the ground of inspection and observation after inspection.
 Attachment of report are also provide with application
 This application signed and dated by Advocate commissioner.

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  Document relating to sign of the witness at the time of inspection are submitted with the
application

3. Conclusion :

After observing several documents now i have a clear concept on documents relating to civil and
process of institution of suit. From plaint it is observed that what content are in plaint, it must be
registed and signed by parties and what content and description are in the Written statement. So
from reading several documents, i learn about the civil documents.From class we know about the
power of HCD to amend the rule and section amend by legislature. Civil court can try all civil suit
unless barred. Documents provide hand on knowledge about civil proceeding.

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