Topic outline

  • Welcome to Law of Civil Procedure

    Message From Course Teacher


             



    Mohammad Abu Sufian
    LL.B (Hons) & LL.M (London)
    Certificate of Higher Education in Law (London)
    Master of Laws in International Trade Law (London)
    Senior Lecturer, Department of Law
    Assistant Proctor (PC)Daffodil International University
    Cell: 01716362630E-mail: sufian.law@diu.edu.bd

    Instructions/Guideline for the course:

    ·         All the students registered for this course have to enroll in BLC.
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    ·         Students can find all the course materials in BLC.
    ·         All the students have to submit the soft copy of their "Assignment" in BLC under assignment section created here and for this they will be graded here.
    ·         One discussion or feedback forum is created under each of the lecture Students have to give their feedback on these forum and marks may be given for their feedback.
    ·         Any announcement regarding the class will be posted on BLC. So, they have to keep themselves always active on BLC.
    ·         All the quizzes and presentation will be held on face to face class and may be few of the class will be held on online (BLC) and it will be announced before the class
    ·         The question pattern and the syllabus for the quizzes, midterm and final exam is given here under each of the section (quizzes, midterm and final)
    ·         There are midterm and final examination preparation forum under these sections where students can discuss with each other about their midterm and final exam syllabus, any problem regarding the exam etc.


    Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil suits (as opposed to procedures in criminal law matters). These rules govern how a suit may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of Suits, motions or applications, and orders allowed in civil suits; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies; and how the courts and clerks must function.


    • Announcements Forum
      General news and announcements

    • Class Routine( Fall 2021)

      Monday: 11.30am ----12.50pm

      Wednesday: 4.00pm ---5.20pm

  • Introduction of Law of Civil Procedure-I

    Civil Procedure Code,1908 - Overview of the Bare Act

    Course Objectives

    Rights are the creation of statutes and common law. But the rights are meaningless unless there is means of enforcing such rights. There lies the importance of procedural laws which facilitate enforcement of rights of individuals. In respect the importance of the Code of Civil Procedure cannot be over-emphasized. The present code is re-enactment made in 1908 and had been subjected to minor amendments at different times. The main objectives of the course are to make the students understand with Concept of Civil suits and its nature; Organization of Civil Courts in Bangladesh and its Jurisdiction; Institution of Suits and proceeding; Judgment, Decree and appeal etc.  

    Course Outcomes  

    • Students will know how to perform basic research regarding issues concerning the Rules of Civil Procedure.
    • Students will be able to communicate effectively regarding civil procedure issues orally and in writing.
    • Students will be able to recognize and address issues that arise in Civil Procedure that implicate relevant ethical, moral, and religious principles.
    • Students will increase their ability and desire to engage in lifelong learning and service in their application, practice and use of the rules of civil procedure.
    • Students will develop and in class will practice by class Socratic discussion and case briefing skills of good legal analysis, reasoning, problem solving, and advocacy.
    • Students will be able to give legal solution in different civil problems i.e. ownership, possession etc


    Course Contents

    • Introduction to the Law of Civil Procedure, Important definitions, Suit of a civil nature,
    • Organization of Civil Courts in Bangladesh, Jurisdiction of Courts
    • Civil suits and its nature; Res Judicata,  Res subjudice
    • Pleadings: Meaning, Object, General Rules, Amendment of Pleading; Plaint : Meaning, Particulars, admission, return and rejection of plaint;
    • Institution of Suits and proceeding: Place of Suing, Parties to Suits,
    • Service of Summons on Defendant, Recognized Agents and Advocates, Examination of Parties, Discovery, Admission,
    • Framing of Issues and Interrogatories, Hearing of Suit, Default of Appearance, Stay of Suits,     
    • Special Procedure in particular classes of Suits-Pauper Suits, Inter-pleader suits,
    • Temporary Injunction, Withdrawal and Adjustment of Suits, Commission.
    • Arrest and Attachment before Judgment, Appointment of Receiver.

  • Lesson 01,Lecture 1,2 and 3 (History Important definitions, Suit of a civil nature,)

    Lecture Objectives

    To teach the students about the following thing;

    • History and nature of covil suits
    • The applicability of Law of Civil Procedure in Bangladesh
    • Some important definations under Law of Civil Procedure 

    Lecture Outcomes

    • At the end of this lecture students will be able
    • to learn about the history of Law of Civil Procedure
    • to learn about some important definations under Civil Procedure Code

    Lecture Contents

    • History of Civil Procedure Code
    • substantive law and procedure law
    • Preamble 
    • Suits in Civil Nature
    • Section 2 : Definations


  • QUIZ 1

    • Quiz one ,Click here to answer
      View

      The syllabus of our first quiz is 'Sources, definition and nature of Civil Procedure Code'.  You have to give relevant legal provisions, contemporary examples, and case references while answering the essay question.


  • Lecture 5 & 6 (Organization of Civil Courts in Bangladesh, Jurisdiction of Courts)

    Lecture Objects

    To teach the students the following issues

    • Jurisdiction of Civil Suits
    • Types of Civil Courts
    • Legal Jurisdiction section 9 of the code
    Judiciary

    Lecture Outcomes

    If you complete this lecture successfully, you should be able to:

    • Explain the main concepts of Jurisdiction
    • Trial of Civil Suits

    Lecture Contents

    • Jurisdiction 
    • Jurisdiction of Civil Courts
    • Types of Civil Courts
    • Legal jurisdiction -section 9 of the code


  • Lecture 7 and 8 Res Judicata, Res subjudice

    Lecture objects

    The aim of this lecture are as follows

    The doctrine of res sub judice aims to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations with respect to the same cause of action, same subject matter and same relief claimed.In addition,the lecure intends to protect a person from multiplicity of proceedings and to avoid a conflict of decisions. It also protect the litigant people from unnecessary harassment. It also aims to avert (avoid) inconvenience to the parties and gives effect to the rule of res judicata

    Code of civil procedure 1908 res subjudice and res judicata

    Lecture outcomes

    At the end of this lecture students will understand about Doctrine of Res Sub judice and Res Judicata. and their practical application.

    Lecture synopsis

    • Introduction
    • Res sub-judice
    • Conditions of Res sub-judice
    • When not apply
    • Purposes of Res sub-judice
    • Inherent power to stay
    • Suit pending in foreign court
    • Res Judicata
    • Essential conditions of res judicata
    • Purposes of resjudicata
    • kinds of res-Judicata
    • Direct resjudicata
    • Constructive Res Judicata
    • Exparte decree and res-judicata
    • Foreign judgment and res judicata
    • Res judicata between co-plaintiffs and co-defendants
    • Difference between res- judicata and res-subjudice
    • Res judicata and Estoppel
    • Mandatory Provision
    • Focusing Points
    • Important Explanations of S.11
    • Res Judicata and Estoppel
    • Mandatory Provision


  • LECTURE 9 & 10 Institution of Suits

    Object of this lesson

    To determine the jurisdiction of civil court one must first check whether the suit fall under category barred under section 9 of Code of Civil Procedure deals (hereinafter CPC).

    Bangladesh court ends MPs power to sack judges

    Outcomes of the Lesson

    At the end of this lecture students will know where to file a suit and its  practical application,

    Contents of this lesson

    • Place of Suing
    • Court in which suits to be instituted.
    • Suits to be instituted where subject-matter situate.
    • Suits for immovable property situate within jurisdiction of different Courts.
    • Place of institution of suit where local limits of jurisdiction of Courts are uncertain
    • Suits for compensation for wrongs to person or movables.
    • Others suits to be instituted where defendants reside or cause of action arises.
    • Objections to jurisdiction.
    • Power to transfer suits which may be instituted in more than one Court.
    • To what Court application lies.



  • MID TERM EXAM

  • Parties to suit Order 1

  • Lecture 12, 13 & 14 (Pleadings)

    Lecture objectives

    The objects of Pleading  can be enlisted as follows:

    • To taper down the broad issues on which dispute arose to a narrow and common issue.
    • To avoid sudden and astonishing facts from emerging in the proceeding and causing travesty of justice.
    • To render judicial proceedings inexpensive, less cumbersome and approachable.
    • To protect the valuable time of people that is wasted in framing arguments after every hearing.
    • To eliminate irrelevant facts and materials that will waste the time of the court.
    • To aid the court in reaching a fruitful conclusion.
    Pleading

    Lecture outcomes

    At the end of the lecture students will understand the following issues

    • Pleadings and ammendment of pleadings
    • Plaint ,Rejection and return of plain
    • Written statement 

    Lecture Contents

    • Introduction
    • Pleadings and amended of pleadings
    • Plaint 
    • Essentials elements of plaint
    • Return of plaint
    • Rejection of plaint
    • Written Statement & Set off

  • Home work

  • Lecture 16&17 Summons

    Object of the lesson

    This lesson aims to explain the meaning, issue and service of a summons and its importance in civil and criminal jurisprudence. It shall further look into the purpose and procedure of issue and service of summons in Civil and Criminal cases under the Code of Criminal Procedure, 1973 and Code of Civil Procedure, 1908.

    SUMMONS

    Outcomes of the Lesson

    AT the end of this lesson students will understand about  the meaning, issue and service of a summons and its importance in civil and criminal jurisprudence.

    CONTENTS OF THIS LESSION

  • Home work

  • Lecture 19 & 20 Framing of Issues and Interrogatories,

    Object of this lesson

    The object of lesson is to the analysis of the procedure followed after a trial commences. The trial in a civil suit commences after the plaint is filed, the date for the first hearing is fixed, the defendant is summoned and the written statement is filed by the defendant.

    ISSUE

    Outcomes of this lesson

    The students will able to analize the procedure followed after a trial commence and they will able to apply it in the practical arena.

    Contents of the Lesson

    • Commencement of a Trial under the Code of Civil Procedure, 1908

    • Introduction

    • Discovery and Inspection of Truth

    •  Framing of Issues

    • Hearings in the Suit

  • Home work

  • Home work

  • Lecture 21, 22 and 23 Interlocutory orders

    Lecture Objects

    The aim of this lecture is to discuss the following issues

    • To meet the ends of justice 
    • to render timely justice to the parties
    • The mechanism of filing Interlocutory applications is to an extent indispensable in civil proceedings.
    Specific Performance and Injunctions: Remedies for Breach of ...

    Lecture outcomes

    At the end of this lecture students will able

    • To know the Interlocutory matters in details
    • To apply those matters in practical field

    Lecture contents

    • Introduction

    • Interlocutory applications for Amendment in pleadings

    • Interlocutory Application at the stage where a case is posted for judgment

    • Application of 'Res judicata' in interlocutory applications

    • Interlocutory orders

    • Interlocutory applications – an inbuilt mechanism to cause the delay?

  • Home work, Assignment

  • FEEDBACK FOR THIS COURSE

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  • Assisgnment and Presentation