A Report
On
Learnings From Civil Suit Documents
Course Title- Law of Civil Procedure (Sessional)
Course code- LJ 3210
Submitted to- Submitted by-
Mr. Talukder Rasel Mahmud Md. Shahrier Alam
Assistant Professor Student ID- 192805
& 3rd Year, 2nd Term
Mr. Kazi Murad Hossain Law Discipline
Assistant Professor Khulna University
Law Discipline
Khulna University
ACKNOWLEDGEMENT
To make any report, essential requirement is guidance and reference, without which a report is
incomplete. I am very much thankful to Mr. Kazi Murad Hossain sir, Assistant Professor, Law
Discipline, Khulna University, without whose guidance and support I would not have been able
to produce this report.
Introduction
The court goes through various phases in a civil case before making a judgement. Our esteemed
instructor Kazi Murad Hossain sir aids us in learning both theoretical and practical information.
By offering the various documents, Sir enlightens us as to the procedures the court followed and
the details each document contained. By examining those records, I have come to realize how
drastically different the theory and practice of civil court proceedings are. The average person
may find it difficult to grasp those texts. These documents are written in extremely convoluted
and challenging languages. I believe that in order to represent the parties in the lawsuit, it is
necessary to pay an advocate. Bangladesh has embraced the civil law system that was promoted
by the British to manage its justice system. Even though it is very ancient and has several
problems, it is still in operation today.
My learnings from those documents
Vokalatnama: It is a requirement before submitting a plaint. Ordinary citizens are not
permitted to appear in court; instead, an advocate must do so in order to present the
parties' arguments. The Vokalatnama is a set of legal documents used to select an
attorney from the bar's roster. Typically, it is a written agreement between a party and an
advocate. The bottom right of the vokalatnama contains the appointed advocate's
signature.
Plaint: Plaint is the demand of the plaintiff and it states the facts, demands and various
documents in support of his claim. Besides, those whom against the plaint is made their
description. Basically, Plaint is prepared by the appointed advocate and the plaintiff
himself must sign on the plaint.
Summon: Summon is the formal notice served by the court to the defendants as to they
can know about that a suit has been made against them to the court and it also asking
for written statement to the defendants.
Notice to Show Cause: Sometimes if the court thinks necessary, can make a show
cause notice to the defendants for answering that why the claim made by plaintiff
shouldn’t be provided. It is generally served when the defendants are an organization or
other than natural entity.
Order to other body for providing documents: Sometimes court can order other
bodies of the government or non-government organization for providing such
documents which is essential for issue framing.
Written statement: Written statement is the answer made by the defendants on against
the plaint. Basically, the written statement provides the specific denial of claim and
facts and sometime counterclaim. The paper also bears the signature of the defendants.
Framing of Issues: Issue framing means question making, on which basis the court
should run the suit. The fact may be of two types, issue of fact and issue of law. Thus,
the answer of those question on fact or law helps the court to come into a decision.
After submitting written Statement generally, the court fixes a date for framing issue.
Application by the defendants to set aside the ex-parte decree: When an ex parte
decree has been passed for the default of defendants, they are allowed to apply to the
court for setting aside the ex parte decree.
Appointment of commissioner: The court can by itself or application of the parties
constitute a Commission for field inspection about the disputing matters. The Court by
considering, can order for appointing commissioner. When the parties apply for
Commission, they can input various question whose answer is to be found by the
Commission. The Commission after being directed shall make a report by inspecting or
enquiring and submit it to the courts. If any party, aggrieved by the report can make an
objection before court. The court can make further report by ordering Commission.
Application by the parties to provide documents: An application can be made before
the Court for providing documents by one party which is necessary to come under a
decision. The court can order such parties for providing such documents.
Order Sheet: Order sheet includes every hearing decision by the court in a written
form. So, order sheet is one type of resolution of a court, which the court writes
throughout hearing of a suit.
Judgement and decree: Both are the formal and final decision of the court (with some
expectations). The Judgment includes a brief of the suit and the decision taken on such
disputes. Decision is also a part of the judgement. It also contains the documents list
provided by the parties.
Decree is the decision or direction on disputed matters. It is made on the basis of
judgement. Decree can be preliminary, final or partly preliminary and partly final. The
court directs the loser party for maintaining this direction. After giving such direction,
the winner needs to apply for execution of the decree.
Conclusion
Other than such documents, numerous documents relevant to the lawsuits were also produced,
sometimes by the court and sometimes by the parties. such as documents, contract paper, and
receipts for land development tax payments. The process is overly complicated, just like the
wording used in those publications. Regulations for civil procedure A retroactive statute from
1908, it is founded on the socioeconomic viewpoint of the twentieth century. Although it is
outdated, there hasn't been a solution discovered to stop civil court cases.
