The civil court system in Bangladesh operates within a hierarchical judicial framework, primarily governed by the Code of Civil Procedure (CPC), 1908. The system ensures the administration of civil justice, dealing with non-criminal disputes, such as property disputes, family matters, contract issues, and tort claims. Here is an overview of the structure and functioning of civil courts in Bangladesh:
### Hierarchy of Civil Courts in Bangladesh
1. **Supreme Court of Bangladesh**:
- **Appellate Division**: The highest court of appeal, dealing with appeals from judgments of the High Court Division.
- **High Court Division**: Handles appeals from lower courts, writ petitions, and other substantial matters. It also has original jurisdiction in certain cases, such as constitutional issues.
2. **District Courts**:
- **District Judge Court**: The principal civil court in each district, which has original and appellate jurisdiction over civil matters. The District Judge can hear appeals from lower courts within the district.
- **Additional District Judge Court**: Assists the District Judge in handling the caseload. These courts also have original and appellate jurisdiction.
3. **Subordinate Civil Courts**:
- **Joint District Judge Court**: Handles more significant civil cases with higher monetary stakes, as well as appeals from Assistant Judge Courts.
- **Senior Assistant Judge Court**: Deals with intermediate-level civil cases.
- **Assistant Judge Court**: Handles lower-level civil cases with smaller monetary stakes.
### Specialized Civil Courts and Tribunals
1. **Family Courts**: Established under the Family Courts Ordinance, 1985, these courts deal with family-related disputes, such as divorce, maintenance, guardianship, and custody.
2. **Artha Rin Adalat**: Established under the Artha Rin Adalat Ain, 2003, these courts handle cases related to the recovery of loans and debts by financial institutions.
3. **Labour Courts and Tribunals**: These handle disputes related to labor and employment matters.
4. **Small Causes Courts**: Handle minor civil disputes involving small monetary claims.
### Legal Framework
1. **Code of Civil Procedure (CPC), 1908**: The primary procedural law governing the functioning of civil courts in Bangladesh, detailing the procedures for filing suits, appeals, and the execution of decrees.
2. **Specific Relief Act, 1877**: Provides remedies for specific enforcement of contracts, injunctions, and declaratory decrees.
3. **Evidence Act, 1872**: Governs the admissibility, relevance, and weight of evidence in civil proceedings.
4. **Contract Act, 1872**: Regulates contracts and related disputes.
5. **Transfer of Property Act, 1882**: Governs property transactions and related disputes.
### Court Procedures
1. **Filing a Suit**: Civil proceedings begin with the filing of a plaint (complaint) in the appropriate court, accompanied by necessary documents and prescribed fees.
2. **Summons and Notices**: The court issues summons to the defendant(s) to appear and respond to the plaint.
3. **Pleadings**: Both parties file their written statements (plaint and written statement by defendant) detailing their claims and defenses.
4. **Evidence and Hearings**: The court conducts hearings, examines witnesses, and evaluates evidence presented by both parties.
5. **Judgment and Decree**: After considering the evidence and arguments, the court delivers its judgment and passes a decree, specifying the rights and obligations of the parties.
6. **Appeals**: Parties dissatisfied with the judgment can appeal to higher courts within the stipulated time frame.
### Alternative Dispute Resolution (ADR)
To alleviate the burden on courts and provide faster resolutions, Bangladesh also promotes ADR mechanisms, including mediation, arbitration, and conciliation, often facilitated by the courts themselves or independent bodies.
### Conclusion
The civil court system in Bangladesh is designed to provide a structured and hierarchical approach to resolving civil disputes. It is grounded in comprehensive procedural and substantive laws that aim to ensure justice, equity, and fairness. Despite challenges like case backlog and resource constraints, ongoing reforms and ADR initiatives strive to enhance the efficiency and accessibility of the civil justice system in Bangladesh.