The Code of Civil Procedure 1908

THE CODE OF CIVIL PROCEDURE, 1908
(ACT NO. V OF 1908).
[21st March, 1908]
1
An Act to consolidate and amend the laws relating to the Procedure of the
Courts of Civil Judicature.
WHEREAS it is expedient to consolidate and amend the laws relating to the

procedure of the Courts of Civil Judicature; It is hereby enacted as follows:-
PRELIMINARY
Short title, 1.(1) This Act may be cited as the Code of Civil Procedure, 1908.
commencement
and extent (2) It shall come into force on the first day of January, 1909.
(3) It extends to the whole of Bangladesh.
Definitions 2. In this Act, unless there is anything repugnant in the subject or

context,-
(1) "Code" includes rules:
(2) "decree" means the formal expression of an adjudication which,

so far as regards the Court expressing it, conclusively determines the
rights of the parties with regard to all or any of the matters in
controversy in the suit and may be either preliminary or final. It shall
be deemed to include the rejection of a plaint and the determination
of any question within 2[ * * *] section 144, but shall not include-
(a) any adjudication from which an appeal lies as an appeal from an

order, or
https://www.bdlawspdf.com/
(b) any order of dismissal for default.
Explanation.-A decree is preliminary when further proceedings have

to be taken before the suit can be completely disposed of. It is final
when such adjudication completely disposes of the suit. It may be
partly preliminary and partly final:
(3) "decree-holder" means any person in whose favour a decree has

been passed or an order capable of execution has been made:
(4) "district" means the local limits of the jurisdiction of a principal

Civil Court of original jurisdiction (hereinafter called a "District
Court"), and includes the local limits of the ordinary original civil
jurisdiction of the High Court Division:
(5) "foreign Court" means a Court situate beyond the limits of

Bangladesh which has no authority in Bangladesh and is not
established or continued by the Government:
(6) "foreign judgment" means the judgment of a foreign Court:
(7) "Government Pleader" includes any officer appointed by the

Government to perform all or any of the functions expressly imposed
by this Code on the Government Pleader and also any pleader acting
under the directions of the Government Pleader:
(8) "Judge" means the presiding officer of a Civil Court:
(9) "Judgment" means the statement given by the Judge of the

grounds of a decree or order:
(10) "Judgment-debtor" means any person against whom a decree

has been passed or an order capable of execution has been made:
(11) "legal representative" means a person who in law represents the

estate of a deceased person, and includes any person who
intermeddles with the estate of the deceased and where a party sues
or is sued in a representative character the person on whom the
estate devolves on the death of the party so suing or sued:
(12) "mesne profits" of property means those profits which the

person in wrongful possession of such property actually received or
might with ordinary diligence have received therefrom, together with
interest on such profits but shall not include profits due to
improvements made by the person in wrongful possession:
(13) "movable property" includes growing crops:
(14) "order" means the formal expression of any decision of a Civil
Court which is not a decree:
(15) "pleader" means any person entitled to appear and plead for
another in Court 3[ * * *]:
(16) "prescribed" means prescribed by rules:
(17) "public officer" means a person falling under any of the following
descriptions, namely:-
(a) every Judge;
(b) every member of the Civil Service of 4[ The Republic];
(c) every commissioned or gazetted officer in the military, naval or air

forces of Bangladesh while in the service of the 5[ Republic];
(d) every officer of a Court of Justice whose duty it is, as such officer,
to investigate or report on any matter of law or fact, or to make,
authenticate or keep any document, or to take charge or dispose of
any property, or to execute any judicial process, or to administer any
oath, or to interpret, or to preserve order, in the Court, and every
person especially authorised by a Court of Justice to perform any of
such duties;
(e) every person who holds any office by virtue of which he is

empowered to place or keep any person in confinement;
(f) every officer of the Government whose duty it is, as such officer,
to prevent offences, to give information of offences, to bring
offenders to justice, or to protect the public health, safety or
convenience;
(g) every officer whose duty it is, as such officer, to take, receive,
keep or expend any property on behalf of the Government, or to
make any survey, assessment or contract on behalf of the
Government, or to execute any revenue-process, or to investigate, or
to report on, any matter affecting the pecuniary interest of the
Government, or to make, authenticate or keep any document
relating to the pecuniary interests of the Government, or to prevent
the infraction of any law for the protection of the pecuniary interests
of the Government; and
(h) every officer in the service or pay of the 6[ Republic], or

remunerated by fees or commission for the performance of any
public duty:
(18) "rules" means rules and forms contained in the First Schedule or
made under section 122 or section 125:
(19) "share in a corporation" shall be deemed to include stock,

debenture stock, debentures or bonds: and
(20) "signed", save in the case of a judgment or decree, includes

stamped.
Subordination of 3. For the purposes of this Code, the District Court is subordinate to
Courts the High Court Division, and every Civil Court of a grade inferior to
that of a District Court and every Court of Small Causes is subordinate
to the High Court Division and District Court.
Savings 4.(1) In the absence of any specific provision to the contrary, nothing
in this Code shall be deemed to limit or otherwise affect any special 7[
* * *] law now in force or any special jurisdiction or power conferred,
or any special form of procedure prescribed, by or under any other
law for the time being in force.
(2) In particular and without prejudice to the generality of the

proposition contained in sub-section (1), nothing in this Code shall be
deemed to limit or otherwise affect any remedy which a land-holder
or landlord may have under any law for the time being in force for
the recovery of rent of agricultural land from the produce of such
land.
Application of the 5.(1) Where any Revenue Courts are governed by the provisions of
this Code in those matters of procedure upon which any special
Code of Revenue enactment applicable to them is silent, the Government may, by
Courts notification in the official Gazette, declare that any portions of those
provisions which are not expressly made applicable by this Code shall
not apply to those Courts, or shall only apply to them with such
notifications as the Government may prescribe.
(2) "Revenue Court" in sub-section (1) means a Court having

jurisdiction under any 8[ * * *] law to entertain suits or other
proceedings relating to the rent, revenue or profits of land used for
agricultural purposes, but does not include a Civil Court having
original jurisdiction under this Code to try such suits or proceedings
as being suits or proceedings of a civil nature.
Pecuniary 6. Save in so far as is otherwise expressly provided, nothing herein

Jurisdiction contained shall operate to give any Court jurisdiction over suits the
amount or value of the subject-matter of which exceeds the
pecuniary limits (if any) of its ordinary jurisdiction.
Small Cause 7. The following provisions shall not extend to Courts constituted
Courts under the 9[ * * *] Small Cause Courts Act, 1887, or to Courts
exercising the jurisdiction of a Court of Small Causes under the said
Act, that is to say,-
(a) so much of the body of the Code as relates to-
(i) suits excepted from the cognizance of a Court of Small Causes;
(ii) the execution of decrees in such suits;
(iii) the execution of decrees against immovable property; and
(b) the following sections, that is to say,-
section 9,
sections 91 and 92,
sections 94 and 95 so far as they authorise or relate to-
(i) orders for the attachment of immovable
property,
(ii) injunctions,
(iii) the appointment of a receiver of immovable property, or
(iv) the interlocutory orders referred to in clause (e) of section 94;

and
sections 96 to 112 and 115.
[Omitted] 8. [Omitted by the Adaptation of Central Acts and Ordinance Order,

1949].
PART I
SUITS IN GENERAL
Jurisdiction of the Courts and Res Judicata
Courts to try all 9. The Courts shall (subject to the provisions herein contained) have
civil suits unless jurisdiction to try all suits of a civil nature excepting suits of which
barred their cognizance is either expressly or impliedly barred.
Explanation.-A suit in which the right to property or to an office is

contested is a suit of a civil nature, notwithstanding that such right
may depend entirely on the decision of questions as to religious rites
or ceremonies.
Stay of suit 10. No Court shall proceed with the trial of any suit in which the
matter in issue is also directly and substantially in issue in a
previously instituted suit between the same parties, or between
parties under whom they or any of them claim litigating under the
same title where such suit is pending in the same or any other Court
in Bangladesh having jurisdiction to grant the relief claimed, or in any
Court beyond the limits of Bangladesh established or continued by
the Government and having like jurisdiction, or before the Supreme
Court.
Explanation.-The pendency of a suit in a foreign Court does not

preclude the Court in Bangladesh from trying a suit founded on the
same cause of action.
Res Judicata 11. No Court shall try any suit or issue in which the matter directly
and substantially in issue has been directly and substantially in issue
in a former suit between the same parties, or between parties under
whom they or any of them claim, litigating under the same title, in a
court competent to try such subsequent suit or the suit in which such
issue has been subsequently raised, and has been heard and finally
decided by such Court.
Explanation I.-The expression "former suit" shall denote a suit which

has been decided prior to the suit in question whether or not it was
instituted prior thereto.
Explanation II.-For the purposes of this section, the competence of a

Court shall be determined irrespective of any provisions as to a right
of appeal from the decision of such Court.
Explanation III.-The matter above referred to must in the former suit

have been alleged by one party and either denied or admitted,
expressly or impliedly, by the other.
Explanation IV.-Any matter which might and ought to have been

made ground of defence or attack in such former suit shall be
deemed to have been a matter directly and substantially in issue in
such suit.
Explanation V.-Any relief claimed in the plaint, which is not expressly
granted by the decree, shall, for the purposes of this section, be
deemed to have been refused.
Explanation VI.-Where persons litigate bona fide in respect of a

public right or of a private right claimed in common for themselves
and others, all persons interested in such right shall, for the purposes
of this section, be deemed to claim under the persons so litigating.
Bar to further 12. Where a plantiff is precluded by rules from instituting a further
suit suit in respect of any particular cause of action, he shall not be
entitled to institute a suit in respect of such cause of action in any
Court to which this Code applies.
When foreign 13. A foreign judgment shall be conclusive as to any matter thereby
judgment not directly adjudicated upon between the same parties or between
conclusive parties under whom they or any of them claim litigating under the
same title except-
(a) where it has not been pronounced by a Court of competent

jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on

an incorrect view of international law or a refusal to recognise the
law of Bangladesh in cases in which such law is applicable;
(d) where the proceedings in which the judgment was obtained are
opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force
in Bangladesh.
Presumption as 14. The Court shall presume, upon the production of any document
to foreign purporting to be a certified copy of a foreign judgment, that such
judgments judgment was pronounced by a Court of competent jurisdiction,
unless the contrary appears on the record; but such presumption
may be displaced by proving want of jurisdiction.
Place of Suing
Court in which 15. Every suit shall be instituted in the Court of the lowest grade
suits to be competent to try it.
instituted
Suits to be 16. Subject to the pecuniary or other limitations prescribed by any

instituted where law, suits-
subject-matter
(a) for the recovery of immovable property with or without rent or
situate
profits,
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of or

charge upon immovable property,
(d) for the determination of any other right to or interest in

immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or

attachment,
shall be instituted in the Court within the local limits of whose

jurisdiction the property is situate, or, in the case of suits referred to
in clause (c), at the place where the cause of action has wholly or
partly arisen:
Provided that a suit to obtain relief respecting, or compensation for

wrong to, immovable property held by or on behalf of the defendant
may, where the relief sought can be entirely obtained through his
personal obedience, be instituted either in the Court within the local
limits of whose jurisdiction the property is situate, or, in the case of
suits referred to in clause (c), at the place where the cause of action
has wholly or partly arisen, or in the Court within the local limits of
whose jurisdiction the defendant actually and voluntarily resides, or
carries on business, or personally works for gain.
Explanation.-In this section "property' means property situate in

Bangladesh.
Suits for 17. Where a suit is to obtain relief respecting, or compensation for
immovable wrong to, immovable property situate within the jurisdiction of
property situate different Courts, the suit may be instituted in any Court within the
local limits of whose jurisdiction any portion of the property is
within
situate:
jurisdiction of
different Courts Provided that, in respect of the value of the subject-matter of the
suit, the entire claim is cognizable by such Court
Place of 18.(1) Where it is alleged to be uncertain within the local limits of the
institution of suit jurisdiction of which of two or more Courts any immovable property
where local limits is situate, any one of those Courts may, if satisfied that there is
ground for the alleged uncertainly, record a statement to that effect
of jurisdiction of and thereupon proceed to entertain and dispose of any suit relating
Courts are to that property, and its decree in the suit shall have the same effect
uncertain as if the property were situate within the local limits of its
jurisdiction:
Provided that the suit is one with respect to which the Court is
competent as regards the nature and value of the suit to exercise
jurisdiction.
(2) Where a statement has not been recorded under sub-section (1),
and an objection is taken before an appellate or revisional Court that
a decree or order in a suit relating to such property was made by a
Court not having jurisdiction where the property is situate, the
appellate or revisional Court shall not allow the objection unless in its
opinion there was, at the time of the institution of the suit, no
reasonable ground for uncertainly as to the Court having jurisdiction
with respect thereto and there has been a consequent failure of
justice.
Suits for 19. Where a suit is for compensation for wrong done to the person or
compensation for to movable property, if the wrong was done within the local limits of
wrongs to person the jurisdiction of one Court and the defendant resides, or carries on
business, or personally works for gain, within the local limits of the
or movables
jurisdiction of another Court, the suit may be instituted at the option
of the plantiff in either of the said Courts.
Illustrations
(a) A, residing in 10[ Chittagong] beats B in Dhaka.
B may sue A either in Dhaka or in 11[ Chittagong].
(b) A, residing in 12[ Chittagong] publishes in Dhaka statements

defamatory of B. B may sue A either in Dhaka, or in 13[ Chittagong].
Others suits to be 20. Subject to the limitations aforesaid, every suit shall be instituted
instituted where in a Court within the local limits of whose jurisdiction.
defendants
reside or cause of (a) the defendant, or each of the defendants where there are more
than one, at the time of the commencement of the suit, actually or
action arises
voluntarily resides, or carries on business, or personally works for
gain; or
(b) any of the defendants, where there are more than one, at the
time of the commencement of the suit, actually or voluntarily
resides, or carries on business, or personally works for gain, provided
that in such case either the leave of the Court is given, or the
defendants who do not reside, or carry on business, or personally
work for gain, as aforesaid, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
Explanation I.-Where a person has a permanent dwelling at one

place and also a temporary residence at another place, he shall be
deemed to reside at both places in respect of any cause of action
arising at the place where he has such temporary residence.
Explanation II.-A Corporation shall be deemed to carry on business at

its sole or principal office in Bangladesh or, in respect of any cause of
action arising at any place where it has also a subordinate office, at
such place.
Illustrations
(a) A is a tradesman in Dhaka. B carries on business in 14[ Chittagong].

B, by his agent in Dhaka, buys goods of A and requests A to deliver
them to the 15[ Bangladesh Biman]. A delivers the goods accordingly
in Dhaka. A may sue B for the price of the goods either in Dhaka,
where the cause of action has arisen, or in 16[ Chittagong], where B
carries on business.
(b) A resides at 17[ Cox's Bazar], B at Dhaka and C at 18[ Chittagong]. A,

B and C being together at 19[ Khulna], B and C make a joint
promissiory note payable on demand, and deliver it to A. A may sue B
and C 20[ at Khulna], where the cause of action arose. He may also
sue them at Dhaka, where B resides, or at 21[ Chittagong], where C
resides; but in each of these cases, if the non-resident defendant
objects, the suit cannot proceed without the leave of the Court.
Objections to 21. No objection as to the place of suing shall be allowed by any
jurisdiction appellate or revisional Court unless such objection was taken in the
Court of first instance at the earliest possible opportunity and in all
cases where issues are settled at or before such settlement, and
unless there has been a consequent failure of justice.
Power to transfer 22. Where a suit may be instituted in any one of two or 22. Where a
suits which may suit may be instituted in any one of two or more Courts and is
be instituted in instituted in one of such Courts, any defendant, after notice to the
other parties, may, at the earliest possible opportunity and in all
more than one
cases where issues are settled at or before such settlement, apply to
Court have the suit transferred to another Court, and the Court to which
such application is made, after considering the objections of the
other parties (if any), shall determine in which of the several Courts
having jurisdiction the suit shall proceed.
To what Court 23.(1) Where the several Courts having jurisdiction are subordinate
application lies to the same Appellate Court, an application under section 22 shall be
made to the Appellate Court.
(2) Where such Courts are subordinate to different Appellate Courts

22
[ * * *], the application shall be made to the 23[ * * *] High Court
Division.
(3) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws

(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
General power of 24.(1) On the application of any of the parties and after notice to the
transfer and parties and after hearing such of them as desire to be heard, or of its
withdrawal own motion without such notice, the High Court Division or the
District Court may at any stage-
(a) transfer any suit, appeal or other proceeding pending before it for
trial or disposal to any Court subordinate to it and competent to try
or dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any

Court subordinate to it, and
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to
it and competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it
was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn

under sub-section (1), the Court which thereafter tries such suit may,
subject to any special directions in the case of any order of transfer,
either retry it or proceed from the point at which it was transferred
or withdrawn.
(3) For the purposes of this section, Courts of Additional and

Assistant Judges shall be deemed to be subordinate to the District
Court.
(4) The Court trying any suit transferred or withdrawn under this
section from a Court of Small Causes shall, for the purposes of such
suit, be deemed to be a Court of Small Causes.
24
Appearance of [ 24A.(1) Where any suit is transferred under section 22, or any suit,
parties on appeal or other proceeding is transferred or withdrawn under sub-
transfer of suit, section (1) of section 24 on the application of a party, the Court
ordering the transfer or withdrawal shall fix a date for the
etc
appearance of the parties before itself, if the suit, appeal or other
proceeding is to be tried or disposed of by itself, or before the Court
to which the case is so transferred.
(2) Where any suit, appeal or other proceeding is transferred from

one Court to another, otherwise than on the application of a party,
the parties thereto shall appear before the Court from which the suit,
appeal or other proceedings is to be transferred, on the day already
fixed for their appearance before that Court, and such Court shall
then communicate the order of transfer to such parties and direct
them to appear before the Court to which the suit, appeal or other
proceeding is to be transferred, either on the same day, or on such
earliest day as may be reasonable having regard to the distance at
which the other Court is located.]
[Omitted] 25. [Omitted by the Schedule of the Central Laws (Statute Reform)
Ordinance, 1960 (Ordinance No. XXI of 1960).]
Institution of Suits
Institution of 26. Every suit shall be instituted by the presentation of a plaint or in

suits such other manner as may be prescribed
Summons and Discovery
Summons to 27. Where a suit has been duly instituted, a summons may be issued
defendants to the defendant to appear and answer the claim and may be served
in manner prescribed.
[Omitted] 28. [Omitted by the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.]
Service of foreign 29. Summonses and other processes issued by any Civil or Revenue
summonses Court situate outside Bangladesh may be sent to the Courts in
Bangladesh and served as if they were summonses issued by such
Courts:
Provided that the 25[ Government] has by notification in the official

Gazette declared the provisions of this section to apply to such
Courts.
Power to order 30. Subject to such conditions and limitations as may be prescribed,
discovery and the the Court may, at any time, either of its own motion or on the
like application of any party,-
(a) make such orders as may be necessary or reasonable in all

matters relating to the delivery and answering of interrogatories, the
admission of documents and facts, and the discovery, inspection,
production, impounding and return of documents or other material
objects producible as evidence;
(b) issue summonses to persons whose attendance is required either

to give evidence or to produce documents or such other objects as
aforesaid;
(c) order any fact to be proved by affidavit.
Summons to 31. The provisions in sections 27, 28 and 29 shall apply to summonses
witness to give evidence or to produce documents or other material objects.
Penalty for 32. The Court may compel the attendance of any person to whom a
default summons has been issued under section 30 and for that purpose
may-
(a) issue a warrant for his arrest;
(b) attach and sell his property;
(c) impose a fine upon him not exceeding five hundred Taka;
(d) order him to furnish security for his appearance and in default
commit him to the civil prison.
Judgment and Decree.
Judgment and 33. The Court, after the case has been heard, shall pronounce
decree judgment, and on such judgment a decree shall follow.
Interest
Interest 34.(1) Where and in so far as a decree is for the payment of money,
the Court may, in the decree, order interest at such rate as the Court
deems reasonable to be paid on the principal sum adjudged, from
the date of the suit to the date of the decree, in addition to any
interest adjudged on such principal sum for any period prior to the
institution of the suit, with further interest at such rate as the Court
deems reasonable on the aggregate sum so adjudged, from the date
of the decree to the date of payment, or to such earlier date as the
Court thinks fit.
2) Where such a decree is silent with respect to the payment of

further interest on such aggregate sum as aforesaid from the date of
the decree to the date of payment or other earlier date, the Court
shall be deemed to have refused such interest, and a separate suit
therefor shall not lie.
Costs
Costs 35.(1) Subject to such conditions and limitations as may be

prescribed, and to the provisions of any law for the time being in
force, the costs of and incident to all suits shall be in the discretion of
the Court, and the Court shall have full power to determine by whom
or out of what property and to what extent such costs are to be paid,
and to give all necessary directions for the purposes aforesaid. The
fact that the Court has no jurisdiction to try the suit shall be no bar to
the exercise of such powers.
(2) Where the Court directs that any costs shall not follow the event,
the Court shall state its reasons in writing.
(3) The Court may give interest on costs at any rate not exceeding six
per cent. per annum, and such interest shall be added to the costs
and shall be recoverable as such.
26
Compensatory [ 35A.(1) If in any suit or other proceeding, including an execution
costs in respect proceeding, not being an appeal, any party objects to the claim or
of false or defence on the ground that the claim or defence, or any part of it, is
false or vexatious, and if, thereafter, such claim or defence is
vexatious claims
disallowed, in whole or in part, the Court shall, after recording its
or defences reasons for holding such claim or defence to be false or vexatious,
make an order for the payment to the objector, such cost by way of
compensation which may, without exceeding the limit of the Court's
pecuniary jurisdiction, extend upto twenty thousand taka.
(2) No person against whom an order has been made under this
section shall, by reason thereof, be exempted from any criminal
liability in respect of any claim or defence made by him.
(3) The amount of any cost awarded under this section in respect of a
false or vexatious claim or defence shall be taken into account in any
subsequent suit for damages or compensation in respect of such
claim or defence.]
27
Cost for delay in [ 35B.(1) If at any stage of a suit or proceeding, an application or
making written objection is not filed within the time fixed by the Court, such
applications, etc, application or written objection, as the case may be, shall not be
admitted for hearing without payment by that party of such cost to
in respect of
the other party not exceeding two thousand taka.
interlocutory
matters (2) If after filing of written statement, any party to the suit makes an
application in respect of any matter which, in the opinion of the
Court, could and ought to have been made earlier, and is likely to
delay the main proceeding of the suit, the Court may admit, but shall
not hear and dispose of the application, without payment by that
party of such cost to the other party not exceeding three thousand
taka, as it shall determine and direct, and upon failure to pay the
cost, the application shall stand rejected.]
PART II
EXECUTION
General
Application to 36. The provisions of this Code relating to the execution of decrees
orders shall, so far as they are applicable, be deemed to apply to the
execution of orders.
Definition of 37. The expression "Court which passed a decree," or words to that
Court which effect, shall, in relation to the execution of decrees, unless there is
passed a decree anything repugnant in the subject or context, be deemed to include,-
(a) where the decree to be executed has been passed in the exercise
of appellate jurisdiction, the Court of first instance, and
(b) where the Court of first instance has ceased to exist or to have
jurisdiction to execute it, the Court which, if the suit wherein the
decree was passed was instituted at the time of making the
application for the execution of the decree, would have jurisdiction
to try such suit.
Courts by which decrees may be executed
Court by which 38. A decree may be executed either by the Court which passed it, or
decree may be by the Court to which it is sent for execution.
executed
Transfer of 39.(1) The Court which passed a decree may, on the application of
the decree-holder, send it for execution to another Court,-
decree
(a) if the person against whom the decree is passed actually and
voluntarily resides or carries on business, or personally works for
gain, within the local limits of the jurisdiction of such other Court, or
(b) if such person has not property within the local limits of the
jurisdiction of the Court which passed the decree sufficient to satisfy
such decree and has property within the local limits of the
jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immovable property

situate outside the local limits of the jurisdiction of the Court which
passed it, or
(d) if the Court which passed the decree considers for any other
reason, which it shall record in writing, that the decree should be
executed by such other Court.
(2) The Court which passed a decree may of its own motion send it
for execution to any subordinate Court of competent jurisdiction.
[Omitted] 40. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws
Result of 41. The Court to which a decree is sent for execution shall certify to
execution the Court which passed it the fact of such execution, or where the
proceedings to former Court fails to execute the same the circumstances attending
such failure.
be certified
Powers of Court 42.(1) The Court executing a decree sent to it shall have the same
in executing powers in executing such decree as if it had been passed by itself. All
transferred persons disobeying or obstructing the execution of the decree shall
be punishable by such Court in the same manner as if it had passed
decree
the decree. And its order in executing such decree shall be subject to
the same rules in respect of appeal as if the decree had been passed
by itself.
(2) Without prejudice to the generality of the foregoing provision, the

Court executing a decree sent to it shall have the following powers,
namely:-
(a) power under section 39 to transfer the decree to another Court, if

necessary;
(b) power under sub-section (1) of section 50 to permit execution to

proceed against the legal representatives of a deceased judgment-
debtor;
(c) power under section 152 to correct clerical or arithmetical errors;
(d) power under rule 16 of Order XXI to recognise the assignment of a

decree;
(e) power under sub-rule (2) of rule 50 of Order XXI to grant leave to
a decree-holder to proceed against a person not already recognised
as a partner in a firm in an execution proceeding against the firm;
(f) power under clause (b) of sub-rule (1) of rule 53 of Order XXI to
give notice of attachment of decree passed by another Court.
Execution of 43. Any decree passed by a Civil Court established in any area in
decrees passed Bangladesh to which the provisions relating to execution do not
by British Courts extend, 28[ * * *] may, if it cannot be executed within the jurisdiction
of the Court by which it was passed, be executed in manner herein
in places to which
provided within the jurisdiction of any Court in Bangladesh.
this Part does not
extend or in
foreign territory
29
Execution of [ 44A.(1) Where a certified copy of a decree of any of the superior
decrees passed Courts of 30[ * * *] any reciprocating territory has been filed in a
by Courts in the District Court, the decree may be executed in Bangladesh as if it had
been passed by the District Court.
United Kingdom
and other (2) Together with the certified copy of the decree shall be filed a
reciprocating certificate from such superior Court stating the extent, if any, to
territory which the decree has been satisfied or adjusted and such certificate
shall, for the purposes of proceedings under this section, be
conclusive proof of the extent of such satisfaction or adjustment.
(3) The provisions of section 47 shall as from the filing of the certified
copy of the decree apply to the proceedings of a District Court
executing a decree under this section, and the District Court shall
refuse execution of any such decree, if it is shown to the satisfaction
of the Court that the decree falls within any of the exceptions
specified in clauses (a) to (f) of section 13.]
31
[ * * *]
Explanation 2.- "Reciprocating territory" means 32[ any] country or

territory as the Government may, from time to time, by notification
in the official Gazette, declare to be reciprocating territory for the
purposes of this section; and "Superior Courts", with reference to any
such territory, means such Courts as may be specified in the said
notification.
Explanation 3.- "Decree", with reference to a superior Court, means

any decree or judgment of such Court under which a sum of money is
payable, not being a sum payable in respect of taxes or other charges
of a like nature or in respect of a fine or other penalty, and
33
[ * * *]
(b) in no case includes an arbitration award, even if such award is
enforceable as a decree or judgment.]
Precepts 46.(1) Upon the application of the decree-holder the Court which
passed the decree may, whenever it thinks fit, issue a precept to any
other Court which would be competent to execute such decree to
attach any property belonging to the judgment-debtor and specified
in the precept.
(2) The Court to which a precept is sent shall proceed to attach the
property in the manner prescribed in regard to the attachment of
property in execution of a decree:
Provided that no attachment under a precept shall continue for more

than two months unless the period of attachment is extended by an
order of the Court which passed the decree or unless before the
determination of such attachment the decree has been transferred
to the Court by which the attachment has been made and the
decree-holder has applied for an order for the sale of such property.
[Omitted] 47. [Omitted by section 3 of the Code of Civil Procedure

(Amendment) Ordinance, 1983 (Ordinance No. XLVIII of 1983).]
Limit of Time for Execution
Execution barred 48.(1) Where an application to execute a decree not being a decree
in certain cases granting an injunction has been made, no order for the execution of
the same decree shall be made upon any fresh application presented
after the expiration of twelve years from
(a) the date of the decree sought to be executed, or,
(b) where the decree or any subsequent order directs any payment of
money or the delivery of any property to be made at a certain date or
at recurring periods, the date of the default in making the payment
or delivery in respect of which the applicant seeks to execute the
decree.
(2) Nothing in this section shall be deemed
(a) to preclude the Court from ordering the execution of a decree

upon an application presented after the expiration of the said term of
twelve years, where the judgment-debtor has, by fraud or force,
prevented the execution of the decree at some time within twelve
years immediately before the date of the application; or
(b) to limit or otherwise affect the operation of article 183 of the First
Schedule to the Limitation Act, 1908.
Transferees and Legal Representatives
Transferee 49. Every transferee of a decree shall hold the same subject to the
equities (if any) which the judgment-debtor might have enforced
against the original decree-holder.
Legal 50.(1) Where a judgment-debtor dies before the decree has been
representative fully satisfied, the holder of the decree may apply to the Court which
passed it to execute the same against the legal representative of the
deceased.
(2) Where the decree is executed against such legal representative,

he shall be liable only to the extent of the property of the deceased
which has come to his hands and has not been duly disposed of; and,
for the purpose of ascertaining such liability, the Court executing the
decree may, of its own motion or on the application of the decree-
holder, compel such legal representative to produce such accounts as
it thinks fit.
Procedure in Execution
Powers of Court 51. Subject to such conditions and limitations as may be prescribed,
to enforce the Court may, on the application of the decree-holder, order
execution execution of the decree-
(a) by delivery of any property specifically decreed;
(b) by attachment and sale or by sale without attachment of any

property;
(c) by arrest and detention in prison;
(d) by appointing a receiver; or
(e) in such other manner as the nature of the relief granted may
require:
Provided that, where the decree is for the payment of money,

execution by detention in prison shall not be ordered unless, after
giving the judgment-debtor an opportunity of showing cause why he
should not be committed to prison, the Court, for reasons recorded
in writing, is satisfied-
(a) that the judgment-debtor, with the object or effect of obstructing
or delaying the execution of the decree,-
(i) is likely to abscond or leave the local limits of the jurisdiction of

the Court, or
(ii) has, after the institution of the suit in which the decree was
passed, dishonestly transferred, concealed, or removed any part of
his property, or committed any other act of bad faith in relation to
his property; or
(b) that the judgment-debtor has, or has had since the date of the
decree, the means to pay the amount of the decree or some
substantial part thereof and refuses or neglects or has refused or
neglected to pay the same, or
(c) that the decree is for a sum for which the judgment-debtor was
bound in a fiduciary capacity to account.
Explanation.-In the calculation of the means of the judgment-debtor

for the purposes of clause (b), there shall be left out of account any
property which, by or under any law or custom having the force of
law for the time being in force, is exempt from attachment in
execution of the decree.
Enforcement of 52.(1) Where a decree is passed against a party as the legal

decree against representative of a deceased person, and the decree is for the
legal payment of money out of the property of the deceased, it may be
executed by the attachment and sale of any such property.
representative
(2) Where no such property remains in the possession of the
judgment-debtor and he fails to satisfy the Court that he has duly
applied such property of the deceased as is proved to have come into
his possession, the decree may be executed against the judgment-
debtor to the extent of the property in respect of which he has failed
so to satisfy the Court in the same manner as if the decree had been
against him personally.
Liability of 53. For the purposes of section 50 and section 52, property in the
ancestral hands of a son or other descendant which is liable under Hindu law
property for the payment of the debt of a deceased ancestor, in respect of
which a decree has been passed, shall be deemed to be property of
the deceased which has come to the hands of the son or other
descendant as his legal representative.
Partition of 54. Where the decree is for the partition of an undivided estate
estate or assessed to the payment of revenue to the Government, or for the
separation of separate possession of a share of such an estate, the partition of the
estate or the separation of the share shall be made by the Collector
share
or any gazetted subordinate of the Collector deputed by him in this
behalf, in accordance with the law (if any) for the time being in force
relating to the partition, or the separate possession of shares, of such
estates.
Arrest and Detention
Arrest and 55.(1) A judgment-debtor may be arrested in execution of a decree at

detention any hour and on any day, and shall, as soon as practicable, be
brought before the Court, and his detention may be in the civil prison
of the district in which the Court ordering the detention is situate, or,
where such civil prison does not afford suitable accommodation, in
any other place which the Government may appoint for the
detention of persons ordered by the Courts of such district to be
detained:
Provided, firstly, that, for the purpose of making an arrest under this
section, no dwelling-house shall be entered after sunset and before
sunrise:
Provided, secondly, that no outer door of a dwelling-house shall be
broken open unless such dwelling-house is in the occupancy of the
judgment-debtor and he refuses or in any way prevents access
thereto, but when the officer authorised to make the arrest has duly
gained access to any dwelling-house, he may break open the door of
any room in which he has reason to believe the judgment-debtor is
to be found:
Provided, thirdly, that, if the room is in the actual occupancy of a

woman who is not the judgement-debtor and who according to the
customs of the country does not appear in public, the officer
authorised to make the arrest shall give notice to her that she is at
liberty to withdraw, and, after allowing a reasonable time for her to
withdraw and giving her reasonable facility for withdrawing, may
enter the room for the purpose of making the arrest:
Provided, fourthly, that, where the decree in execution of which a

judgment-debtor is arrested, is a decree for the payment of money
and the judgment-debtor pays the amount of the decree and the
costs of the arrest to the officer arresting him, such officer shall at
once release him.
(2) The Government may, by notification in the official Gazette,

declare that any person or class of persons whose arrest might be
attended with danger or inconvenience to the public shall not be
liable to arrest in execution of a decree otherwise than in accordance
with such procedure as may be prescribed by the Government in this
behalf.
(3) Where a judgment-debtor is arrested in execution of a decree for

the payment of money and brought before the Court, the Court shall
inform him that he may apply to be declared an insolvent, and that
he may be discharged if he has not committed any act of bad faith
regarding the subject of the application and if he complies with the
provisions of the law of insolvency for the time being in force.
(4) Where a judgment-debtor expresses his intention to apply to be

declared an insolvent and furnishes security, to the satisfaction of the
Court, that he will within one month so apply, and that he will
appear, when called upon, in any proceeding upon the application or
upon the decree in execution of which he was arrested, the Court
may release him from arrest, and, if he fails so to apply and to
appear, the Court may either direct the security to be realized or
commit him to the civil prison in execution of the decree.
Prohibition of 56. Notwithstanding anything in this Part, the Court shall not order
arrest or the arrest or detention in the civil prison of a woman in execution of
detention of a decree for the payment of money.
women in
execution of
decree for money
Subsistence 57. The Government may fix scales, graduated according to rank,
allowance race and nationality, of monthly allowances payable for the
subsistence of judgment-debtors.
Detention and 58.(1) Every person detained in the civil prison in execution of a
release decree shall be so detained,-
(a) where the decree is for the payment of a sum of money exceeding
fifty Taka, for a period of six months, and,
(b) in any other case for a period of six weeks:
Provided that he shall be released from such detention before the

expiration of the said period of six months or six weeks, as the case
may be,-
(i) on the amount mentioned in the warrant for his detention being
paid to the officer in charge of the civil prison, or
(ii) on the decree against him being otherwise fully satisfied, or
(iii) on the request of the person on whose application he has been

so detained, or
(iv) on the omission by the person, on whose application he has been

so detained, to pay subsistence allowance:
Provided, also, that he shall not be released from such detention
under clause (ii) or clause (iii), without the order of the Court.
(2) A judgment-debtor released from detention under this section

shall not merely by reason of his release be discharged from his debt,
but he shall not be liable to be re-arrested under the decree in
execution of which he was detained in the civil prison.
Release on 59.(1) At any time after a warrant for the arrest of a judgment-debtor
ground of illness has been issued the Court may cancel it on the ground of his serious
illness.
(2) Where a judgment-debtor has been arrested, the Court may

release him if, in its opinion, he is not in a fit state of health to be
detained in the civil prison.
(3) Where a judgment-debtor has been committed to the civil prison,

he may be released therefrom-
(a) by the Government, on the ground of the existence of any

infectious or contagious disease, or
(b) by the committing Court, or any Court to which that Court is

subordinate, on the ground of his suffering from any serious illness.
(4) A judgment-debtor released under this section may be re-

arrested, but the period of his detention in the civil prison shall not in
the aggregate exceed that prescribed by section 58.
Attachment
Property liable to 60.(1) The following property is liable to attachment and sale in
attachment and execution of a decree, namely, lands, houses or other buildings,
goods, money, bank-notes, cheques, bills of exchange, hundis,
sale in execution promissory notes, Government securities, bonds or other securities
of decree for money, debts, shares in a corporation and, save as hereinafter
mentioned, all other saleable property, moveable or immovable,
belonging to the judgment-debtor, or over which, or the profits of
which, he has a disposing power which he may exercise for his own
benefit, whether the same be held in the name of the judgment-
debtor or by another person in trust for him or on his behalf:
Provided that the following particulars shall not be liable to such
attachment or sale, namely:-
(a) the necessary wearing-apparel, cooking vessels, beds and bedding

of the judgment-debtor, his wife and children, and such personal
ornaments as, in accordance with religious usage, cannot be parted
with by any woman;
(b) tools of artisans, and, where the judgment-debtor is an

agriculturist, his implements of husbandry and such cattle and seed-
grain as may, in the opinion of the Court, be necessary to enable him
to earn his livelihood as such, and such portion of agricultural
produce or of any class of agricultural produce as may have been
declared to be free from liability under the provisions of the next
following section;
(c) houses and other buildings (with the materials and the sites
thereof and the land immediately appurtenant thereto and necessary
for their enjoyment) belonging to an agriculturist and occupied by
him;
(d) books of account;
(e) a mere right to sue for damages;
(f) any right of personal service;
(g) stipends and gratuities allowed to pensioners of the Government,

or payable out of any service family pension fund notified in the
official Gazette by the Government or the Government in this behalf,
and political pensions;
(h) the wages of labourers and domestic servants, whether payable in

money or in kind;
(i) salary to the extent of the first hundred Taka and one-half the
remainder:
Provided that where such salary is the salary of a Servant of the 34[
Republic] or a servant of 35[ the Railway] or local authority, and the
whole or any part of the portion of such salary liable to attachment
has been under attachment, whether continuously or intermittently
for a total period of twenty-four months, such portion shall be
exempt from attachment until the expiry of a further period of
twelve months and, where such attachment has been made in
execution of one and the same decree, shall be finally exempt from
attachment in execution of that decree;
(j) the pay and allowances of persons to whom the 36[ Army Act,
1952, Navy Ordinance, 1961, or the Air Force Act, 1953,] applies;
(k) all compulsory deposits and other sums in or derived from any
fund to which the Provident Funds Act, 1925, for the time being
applies in so far as they are declared by the said Act not to be liable
to attachment;
(l) any allowance forming part of the emoluments of any servant of

the 37[ Republic] or of any servant of 38[ the Railway] or local
authority which the Government may by notification in the official
Gazette declare to be exempt from attachment, and any subsistence
grant or allowance made to any such servant while under suspension;
(m) an expectancy of succession by survivorship or other merely

contingent or possible right or interest;
(n) a right to future maintenance;
(o) any allowance declared by any Bangladesh law to be exempt from

liability to attachment or sale in execution of a decree; and,
(p) where the judgment-debtor is a person liable for the payment of

land-revenue, any movable property which, under any law for the
time being applicable to him, is exempt from sale for the recovery of
an arrear of such revenue.
Explanation 1.-The particulars mentioned in clauses (g), (h), (i), (j), (l)
and (o) are exempt from attachment or sale whether before or after
they are actually payable, and in the case of salary other than salary
of a servant of the 39[ Republic] or a servant of 40[ the Railway] or
local authority the attachable portion thereof is exempt from
attachment until it is actually payable.
Explanation 2.-In clauses (h) and (i), "salary" means the total monthly
emoluments, excluding any allowance declared exempt from
attachment under the provisions of clause (l), derived by a person
from his employment whether on duty or on leave.
41
[ * * *]
(2) Nothing in this section shall be deemed to exempt houses and
other buildings (with the materials and the sites thereof and the
lands immediately appurtenant thereto and necessary for their
enjoyment) from attachment or sale in execution of decrees for rent
of any such house, building, site or land.
Partial exemption 61. The Government may, by general or special order published in
of agricultural the official Gazette, declare that such portion of agricultural produce,
produce or of any class of agricultural produce, as may appear to the
Government to be necessary for the purpose of providing until the
next harvest for the due cultivation of the land and for the support of
the judgment-debtor and his family, shall, in the case of all
agriculturists or of any class of agriculturists, be exempted from
liability to attachment or sale in execution of a decree.
Seizure of 62.(1) No person executing any process under this Code directing or
property in authorising seizure of movable property shall enter any dwelling-
dwelling-house house after sunset and before sunrise.
(2) No outer door of a dwelling-house shall be broken open unless

such dwelling-house is in the occupancy of the judgment-debtor and
he refuses or in any way prevents access thereto, but when the
person executing any such process has duly gained access to any
dwelling-house, he may break open the door of any room in which he
has reason to believe any such property to be.
(3) Where a room in a dwelling-house is in the actual occupancy of a

woman who, according to the customs of the country, does not
appear in public, the person executing the process shall give notice to
such woman that she is at liberty to withdraw; and, after allowing
reasonable time for her to withdraw and giving her reasonable
facility for withdrawing, he may enter such room for the purpose of
seizing the property, using at the same time every precaution,
consistent with these provisions, to prevent its clandestine removal.
Property 63.(1) Where property not in the custody of any Court is under
attached in attachment in execution of decrees of more Courts than one, the
execution of Court which shall receive or realize such property and shall
determine any claim thereto and any objection to the attachment
decrees of
thereof shall be the Court of highest grade, or, where there is no
several Courts difference in grade between such Courts, the Court under whose
decree the property was first attached.
(2) Nothing in this section shall be deemed to invalidate any

proceeding taken by a Court executing one of such decrees.
Private alienation 64. Where an attachment has been made, any private transfer or
of property after delivery of the property attached or of any interest therein and any
attachment to be payment to the judgment-debtor of any debt, dividend or other
monies contrary to such attachment, shall be void as against all
void
claims enforceable under the attachment.
Explanation.-For the purposes of this section, claims enforceable

under an attachment include claims for the rateable distribution of
assets.
Sale
Purchaser's title 65. Where immovable property is sold in execution of a decree and
such sale has become absolute, the property shall be deemed to have
vested in the purchaser from the time when the property is sold and
not from the time when the sale becomes absolute.
Suit against 66.(1) No suit shall be maintained against any person claiming title
purchaser not under a purchase certified by the Court in such manner as may be
maintainable on prescribed on the ground that the purchase was made on behalf of
the plaintiff or on behalf of some one through whom the plaintiff
ground of
claims.
purchase being
on behalf of (2) Nothing in this section shall bar a suit to obtain a declaration that
plaintiff the name of any purchaser certified as aforesaid was inserted in the
certificate fraudulently or without the consent of the real purchaser,
or interfere with the right of a third person to proceed against that
property, though ostensibly sold to the certified purchaser, on the
ground that it is liable to satisfy a claim of such third person against
the real owner.
Power for 67.(1) The Government may, by notification in the official Gazette,
Government to make rules for any local area imposing conditions in respect of the
make rules as to sale of any class of interests in land in execution of decrees for the
payment of money, where such interests are so uncertain or
sales of land in
undermined as, in the opinion of the Government, to make it
execution of impossible to fix their value.
decrees for
payment of (2) When on the date on which this Code came into operation in any
money local area, any special rules as to sale of land in execution of decrees
were in force therein, the Government may, by notification in the
official Gazette, declare such rules to be in force, or may, by a like
notification, modify the same.
Every notification issued in the exercise of the powers conferred by

this sub-section shall set out the rules so continued or modified.
Delegation to Collector of Power to Execute Decrees against
Immovable Property
Power to 68. The Government may, declare, by notification in the official

prescribe rules Gazette, that in any local area the execution of decrees in cases in
for transferring which a Court has ordered any immovable property to be sold, or the
execution of any particular kind of such decrees, or the execution of
to Collector
decrees ordering the sale of any particular kind of, or interest in,
execution of immovable property, shall be transferred to the Collector.
certain decrees
Provisions of 69. The provisions set forth in the Third Schedule shall apply to all
Third Schedule to cases in which the execution of a decree has been transferred under
apply the last preceding section.
Rules of 70.(1) The Government may make rules consistent with the aforesaid
procedure provisions-
(a) for the transmission of the decree from the Court to the Collector,
and for regulating the procedure of the Collector and his
subordinates in executing the same, and for retransmitting the
decree from the Collector to the Court;
(b) conferring upon the Collector or any gazetted subordinate of the

Collector all or any of the powers which the Court might exercise in
the execution of the decree if the execution thereof had not been
transferred to the Collector;
(c) providing for orders made by the Collector or any gazetted

subordinate of the Collector, or orders made on appeal with respect
to such orders, being subject to appeal to, and revision by, superior
revenue-authorities as nearly as may be as the orders made by the
Court, or orders made on appeal with respect to such orders, would
be subject to appeal to, and revision by, appellate or revisional
Courts under this Code or other law for the time being in force if the
decree had not been transferred to the Collector.
Jurisdiction of (2) A power conferred by rules made under sub-section (1) upon the
Civil Courts collector or any gazetted subordinate of the Collector, or upon any
barred appellate or revisional authority, shall not be exercisable by the Court
or by any Court in exercise of any appellate or revisional jurisdiction
which it has with respect to decrees or orders of the Court.
Collector deemed 71. In executing a decree transferred to the Collector under section
to be acting 68 the Collector and his subordinates shall be deemed to be acting
judicially judicially.
Where Court may 72.(1) Where in any local area in which no declaration under section
authorise 68 is in force the property attached consists of land or of a share in
Collector to stay land, and the Collector represents to the Court that the public sale of
the land or share is objectionable and that satisfaction of the decree
public sale of
may be made within a reasonable period by a temporary alienation
land of the land or share, the Court may authorise the Collector to provide
for such satisfaction in the manner recommended by him instead of
proceeding to a sale of the land or share.
(2) In every such case the provisions of sections 69 to 71 and of any

rules made in pursuance thereof shall apply so far as they are
applicable.
Distribution of Assets
Proceeds of 73.(1) Where assets are held by a Court and more persons than one
execution-sale to have, before the receipt of such assets, made application to the Court
be rateably for the execution of decrees for the payment of money passed
against the same judgment-debtor and have not obtained
distributed
satisfaction thereof, the assets, after deducting the costs of
among decree- realization, shall be rateably distributed among all such persons:
holders
Provided as follows:-
(a) where any property is sold subject to a mortgage or charge, the

mortgagee or incumbrancer shall not be entitled to share in any
surplus arising from such sale;
(b) where any property liable to be sold in execution of a decree is

subject to a mortgage or charge, the Court may, with the consent of
the mortgagee or incumbrancer, order that the property be sold free
from the mortgage or charge, giving to the mortgagee or
incumbrancer the same interest in the proceeds of the sale as he had
in the property sold;
(c) where any immovable property is sold in execution of a decree

ordering its sale for the discharge of an incumbrance thereon, the
proceeds of sale shall be applied-
firstly, in defraying the expenses of the sale;
secondly, in discharging the amount due under the decree;
thirdly, in discharging the interest and principal monies due on

subsequent incumbrances (if any); and
fourthly, rateably among the holders of decrees for the payment of

money against the judgment-debtor, who have, prior to the sale of
the property, applied to the Court which passed the decree ordering
such sale for execution of such decrees, and have not obtained
satisfaction thereof.
(2) Where all or any of the assets liable to be rateably distributed

under this section are paid to a person not entitled to receive the
same, any person so entitled may sue such person to compel him to
refund the assets.
(3) Nothing in this section affects any right of the Government.
Resistance to Execution
Resistance to 74. Where the Court is satisfied that the holder of a decree for the
execution possession of immovable property or that the purchaser of
immovable property sold in execution of a decree has been resisted
or obstructed in obtaining possession of the property by the
judgment-debtor or some person on his behalf and that such
resistance or obstruction was without any just cause, the Court may,
at the instance of the decree-holder or purchaser, order the
judgment-debtor or such other person to be detained in the civil
prison for a term which may extend to thirty days and may further
direct that the decree-holder or purchaser be put into possession of
the property.
PART III
INCIDENTAL PROCEEDINGS
Commissions
Power of Court to 75. Subject to such conditions and limitations as may be prescribed,
issue the Court may issue a commission-
commissions
(a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition.
Letter of request 77. In lieu of issuing a commission the Court may issue a letter of
request to examine a witness residing at any place not within
Bangladesh.
Commissions 78. Subject to such conditions and limitations as may be prescribed,

issued by foreign the provisions as to the execution and return of commissions for the
Courts examination of witnesses shall apply to commissions issued by or at
the instance of-
(a) Courts situate beyond the limits of Bangladesh and established or

continued by the authority of Government, or
42
[ * * *]
(c) Courts of any State or country outside Bangladesh. 43[
PART IV
SUITS IN PARTICULAR CASES
Suits by or against the Government or Public Officers in their official

capacity
Suits by or 79. In a suit by or against the Government the authority to 79. In a
against the suit by or against the Government the authority to be named as
Government plaintiff or defendant, as the case may be, 44[ shall be Bangladesh]-
45
[ * * *]
Notice 80.(1) A suit may be instituted against the Government or against a

public officer, in respect of any act purporting to be done by such
public officer in his official capacity, after the expiration of two
months next after notice in writing has been delivered to or left at
the office of,-
46
[ * * *]
(b)(i) in the case of a suit against the Government other than a suit
relating to the affairs of 47[ the Railway], a Secretary to 48[ the
Government] or the Collector of the District; and
(ii) in the case of a suit against the Government relating to the affairs
of 49[ the Railway], the General Manager of the Railway 50[ * * *],
and in the case of a public officer, delivered to him or left at his office
stating the cause of action, the name, description of place of
residence of the plaintiff and the relief which he claims; and the
plaint shall contain a statement that such notice has been so
delivered or left.
(2) Where any such suit is instituted without delivering or leaving

such notice as aforesaid or before the expiration of the said period of
two months or where the plaint does not contain a statement that
such notice has been so delivered or left, the plaintiff shall not be
entitled to any costs if settlement as regards the subject-matter of
the suit is reached or the Government or the public officer concedes
the plaintiff's claim, within the period of two months from the date
of the institution of the suit:
Provided that in a suit instituted without such notice, the Court shall
allow not less than three months to the Government to submit its
written statement.
Exemption from 81. In a suit instituted against a public officer in respect of any act
arrest and purporting to be done by him in his official capacity-
personal
(a) the defendant shall not be liable to arrest nor his property to
appearance
attachment otherwise than in execution of a decree, and,
(b) where the Court is satisfied that the defendant cannot absent
himself from his duty without detriment to the public service, it shall
exempt him from appearing in person.
Execution of 82.(1) Where the decree is against the Government or against a

decree public officer in respect of any such act as aforesaid, a time shall be
specified in the decree within which it shall be satisfied; and, if the
decree is not satisfied within the time so specified, the Court shall
report the case for the orders of the Government.
(2) Execution shall not be issued on any such decree unless it remains
unsatisfied for the period of three months computed from the date
of such report.
Suits by Aliens and by or against foreign Rulers, Ambassadors and

Envoys
When aliens may 83.(1) Alien enemies residing in Bangladesh with the permission of
sue the Government, and alien friends, may sue in the Courts in 51[
Bangladesh], as if they were citizens of 52[ Bangladesh].
(2) No alien enemy residing in Bangladesh without such permission,

or residing in a foreign country, shall sue in any of such Courts.
Explanation.-Every person residing in a foreign country the
Government of which is at war with, or engaged in military
operations against, Bangladesh, and carrying on business in that
country without a license in that behalf under the hand of a Secretary
to the Government shall, for the purpose of sub-section (2), be
deemed to be an alien enemy residing in a foreign country.
When foreign 84.(1) A foreign State may sue in any Court in 53[ Bangladesh]:
States may sue
Provided that such State has been recognized by the Government:
Provided, also, that the object of the suit is to enforce a private right
vested in the head of such State or in any officer of such State in his
public capacity.
(2) Every Court shall take judicial notice of the fact that a foreign
State has or has not been recognized by the Government.
Persons specially 85.(1) Persons specially appointed by order of the Government at the
appointed by request of the Ruler of any foreign State, or at the request of any
Government to person competent, in the opinion of the Government, to act on
behalf of such Ruler, to prosecute or defend any suit on his behalf,
prosecute or
shall be deemed to be the recognized agents by whom appearances,
defend for Rules acts and applications under this Code may be made or done on
of foreign States behalf of such Ruler.
(2) An appointment under this section may be made for the purpose
of a specified suit or of several specified suits, or for the purpose of
all such suits as it may from time to time be necessary to prosecute
or defend on behalf of the Ruler.
(3) A person appointed under this section may authorise or appoint

persons to make appearances and applications and do acts in any
such suit or suits as if he were himself a party thereto.
54
Suits against [ 86.(1) Any Ruler of foreign State may, with the consent of the
Rulers Government, certified by the signature of a Secretary to that
Government but not without such consent, be sued in any
competent Court.
(2) Such consent may be given with respect to a specified suit or to

several specified suits or with respect to all suits of any specified class
or classes, and may specify, in the case of any suit or class of suits,
the Court in which the Ruler may be sued; but it shall not be given
unless it appears to the consenting authority that the Ruler
(a) has instituted a suit in the Court against the person desiring to sue
him, or
(b) by himself or another trades within the local limits of the

jurisdiction of the Court, or
(c) is in possession of immovable property situated within those

limits and is to be sued with reference to such property or for money
charged thereon.
(3) No such Ruler shall be arrested under this Code, and, except with
the consent of the Government certified as aforesaid, on decree shall
be executed against the property of any such Ruler.
(4) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws

(5) A person may, as a tenant of immovable property, sue, without

such consent as is mentioned in this section, a Ruler from whom he
holds or claims to hold the property.
Suits against 86A.(1) No proceeding in any Court shall lie against a diplomatic
diplomatic agents agent except in a case relating to-
(a) any private immovable property situated in Bangladesh held by

him in his private capacity and not on behalf of the sending State for
the purpose of the mission;
(b) a succession in which the diplomatic agent is involved as executor,
administrator, heir or legatee as a private person and not on behalf
of the sending State;
(c) any professional or commercial activity exercised by the

diplomatic agent in Bangladesh outside his official functions.
(2) No measures of execution shall be taken in respect of a diplomatic

agent except in cases which come under clauses (a), (b) and (c) of
sub-section (1) and in which such measures can be taken without
infringing the inviolability of his person or of his residence.
(3) The initiation of any proceedings in a Court by a diplomatic agent

immunity from jurisdiction under thisshall preclude him from
invoking section in respect of any counter-claim directly connected
with the principal claim.
(4) The immunity of a diplomatic agent under sub- (4) The immunity
of a diplomatic agent under sub-section (1) or sub-section (2) may be
waived by the sending State; and any such waiver shall be express.
(5) Waiver of immunity in respect of any proceedings shall not be

held to imply waiver of immunity in respect of any measure of
execution for which a separate waiver shall be necessary.
(6) In this section, 'diplomatic agent' in relation to a State means the

head of the mission in Bangladesh of that State and includes a
member of the staff of that mission having diplomatic rank.]
Style of Rulers as 87. The Ruler of a foreign State may sue, and shall be sued, in the
parties to suits name of his State:
Provided that in giving the consent referred to in the foregoing

section the Government, or the Government, as the case may be,
may direct that any such Ruler shall be sued in the name of an agent
or in any other name.
[Suits Against Rulers of Acceding and Merged States
[Omitted] 87A. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]]
Interpleader
Where 88. Where two or more persons claim adversely to one another the
interpleader suit same debt, sum of money or other property, movable or immovable,
may be instituted from another person, who claims no interest therein other than for
charges or costs and who is ready to pay or deliver it to the rightful
claimant, such other person may institute a suit of interpleader
against all the claimants for the purpose of obtaining a decision as to
the person to whom the payment or delivery shall be made and of
obtaining indemnity for himself:
Provided that where any suit is pending in which the rights of all
parties can properly be decided, no such suit of interpleader shall be
instituted.
PART V
SPECIAL PROCEEDINGS
[ALTERNATIVE DISPUTE RESOLUTION]
[Omitted] 89. [Omitted by section 49 and Third Schedule of the Arbitration Act,
1940 (Act No. X of 1940).]
55
Mediation [ 89A.(1) Except in a suit under the 56[ Artha Rin Adalat Ain, 2003
(Act No. 8 of 2003)], after filing of written statement, if all the
contesting parties are in attendance in the Court in person or by their
respective pleaders, 57[ the Court shall], by adjourning the hearing,
mediate in order to settle the dispute or disputes in the suit, or refer
the dispute or disputes in the suit 58[ to the concerned Legal Aid
Officer appointed under the Legal Aid Act, 2000 (Act No. 6 of 2000),
or] to the engaged pleaders of the parties, or to the party or parties,
where no pleader or pleaders have been engaged, or to a mediator
from the panel as may be prepared by the District Judge under sub-
section (10), for undertaking efforts for settlement through
mediation. 59[ ***}
(2) When the reference under sub-section (1) is made through the
pleaders, the pleaders shall, by their mutual agreement in
consultation with their respective clients, appoint another pleader,
not engaged by the parties in the suit, or a retired judge, or a
mediator from the panel as may be prepared by the District Judge
under sub-section (10), or any other person whom they may seem to
be suitable, to act as a mediator for settlement: Provided that,
nothing in this sub-section shall be deemed to prohibit appointment
of more than one person to act as mediator:
Provided further that, a person holding an office of profit in the

service of the Republic shall not be eligible for appointment as
mediator.
60
[ (3) While referring a dispute or disputes in the suit for mediation
under sub-section (1), it shall be for the pleaders, their respective
clients and the mediator to mutually agree on and determine the
fees and the procedure to be followed for the purpose of settlement
through mediation; and when the Court 61[ or Legal Aid Officer] shall
mediate, it shall determine the procedure to be followed, and shall
not charge any fee for mediation:
Provided that if the pleaders, their respective clients and the

mediator fail to determine the fees, the Court shall fix the fees and
the fees so fixed shall be binding upon the parties.]
62
[ (4) Within ten days from the date of reference under sub-section
(1), the parties shall inform the Court in writing whom they have
appointed as mediator, and if the parties fail to appoint the mediator
during this time, the Court shall, within seven days, appoint a
mediator from the panel as mentioned in sub-section (10) and the
mediation under this section shall be concluded within 60 (sixty) days
from the day on which the Court is so informed, 63[ or the dispute or
disputes are referred to Legal Aid Officer, or a mediator is appointed
by the Court], as the case may be, unless the Court of its own motion
or upon a joint prayer of the parties, extends the time for a further
period of not exceeding 30 (thirty) days.]
64
[ (5) The 65[ Legal Aid Officer or mediator, as the case may be,] shall,
without violating the confidentiality of the parties to the mediation
proceedings, submit to the court a report of result of the mediation
proceedings; and if the result is of compromise of the dispute or
disputes in the suit, the terms of such compromise shall be reduced
into writing in the form of an agreement, bearing signatures or left
thumb impressions of the parties as executants, and signatures of the
pleaders, if any, and the 66[ Legal Aid Officer or mediator, as the case
may be,] as witnesses; and the Court shall, within seven days from
receiving the said report, pass an order or a decree in accordance
with relevant provisions of Order XXIII of the Code.]
(6) When the Court itself mediates, it shall 67[ prepare a report and
pass an order in the manner] to that as stated in sub-section (5).
(7) When the mediation fails to produce any compromise, the Court
shall, subject to the provision of sub-section (9), proceed with
hearing of the suit from the stage at which the suit stood before the
decision to mediate or reference for mediation under sub-section (1),
and in accordance with provisions of the Code in a manner as if there
had been no decision to mediate or reference for mediation as
aforesaid.
(8) The proceedings of mediation under this section shall be

confidential and any communication made, evidence adduced,
admission, statement or comment made and conversation held
between the parties, their pleaders, representatives 68[ , Legal Aid
Officer] and the mediator, shall be deemed privileged and shall not
be referred to and admissible in evidence in any subsequent hearing
of the same suit or any other proceeding.
(9) When a mediation initiative led by the Court itself fails to resolve
the dispute or disputes in the suit, the same court shall not hear the
suit, if the Court continues to be presided by the same judge who led
the mediation initiative; and in that instance, the suit shall be heard
by another court of competent jurisdiction.
(10) For the purposes of this section, the District Judge shall, in
consultation with the President of the District Bar Association,
prepare a panel of mediators (to be updated from time to time)
consisting of pleaders, retired judges, persons known to be trained in
the art of dispute resolution, and such other person or persons,
except persons holding office of profit in the service of the Republic,
as may be deemed appropriate for the purpose, and shall inform all
the Civil Courts under his administrative jurisdiction about the panel:
Provided that, a mediator under this sub-section, shall not act as a

mediator between the parties, if he had ever been engaged by either
of the parties as a pleader in any suit in any Court.
(11) Notwithstanding anything contained in the Court-fees Act, 1870

(Act No. VII of 1870), where a dispute or disputes in a suit are settled
on compromise under this section, the Court shall issue a certificate
directing refund of the court fees paid by the parties in respect of the
plaint or written statement; and the parties shall be entitled to such
refund within 60 (sixty) days of the issuance of the certificate.
(12) No appeal or revision shall lie against any order or decree passed
by the Court in pursuance of settlement between the parties under
this section.
(13) Nothing in this section shall be deemed to otherwise limit the

option of the parties regarding withdrawal, adjustment and
compromise of the suit under Order XXIII of the Code.
Explanation-(1) "Mediation" under this section shall mean flexible,

informal, non-binding, confidential, non-adversarial and consensual
dispute resolution process in which the mediator shall facilitate
compromise of disputes in the suit between the parties without
directing or dictating the terms of such compromise.
(2) "Compromise" under this section shall include also compromise in

part of the disputes in the suit.
Arbitration 89B.(1) If the parties to a suit, at any stage of the proceeding, apply
to the Court for withdrawal of the suit on ground that they will refer
the dispute or disputes in the suit to arbitration for settlement, the
Court shall allow the application and permit the suit to be withdrawn;
and the dispute or disputes, thereafter, shall be settled in accordance
with Salish Ain, 2001 (Act No. 1 of 2001) so far as may be applicable:
Provided that, if, for any reason, the arbitration proceeding referred
to above does not take place or an arbitral award is not given, the
parties shall be entitled to re-institute the suit permitted to be
withdrawn under this sub-section.
(2) An application under sub-section (1) shall be deemed to be an

arbitration agreement under section 9 of the Salish Ain, 2001 (Act
No. 1 of 2001).]
69
Mediation in [ 89C.(1) An Appellate Court 70[ shall] mediate in an appeal or refer
Appeal the appeal for mediation in order to settle the dispute or disputes in
that appeal, if the appeal is an appeal from original decree under
Order XLI, and is between the same parties who contested in the
original suit or the parties who have been substituted for the original
contesting parties.
71
[ (2) In mediation under sub-section (1), the provisions of section
89A shall be followed with necessary changes (mutatis mutandis) as
may be expedient.]]
72
Special provisions [ 89D. The Contesting parties to a suit or of an appeal, pending in
for mediation any Court before the commencement of the Code of Civil Procedure
(Amendment) Act, 2012, may by filing an application stating their
willingness to settle the dispute through mediation, such suit or
appeal shall be disposed of in accordance with the provision of
section 89A or 89C.
Application and 89E. (1) The provision of section 89A or 89C shall be, applied to such
commencement area, and commenced on such date, as the government may, by
of the provisions notification in the official Gazette, fix.
of sections 89A
and 89C (2) Where any mediation process for settlement of dispute in respect
of any suit or appeal is pending under section 89A or 89C before the
commencement of the Code of Civil Procedure (Amendment) Act,
2012, such mediation shall continue as if the provision of section 89A
or 89C were not amended by the Code of Civil Procedure
(Amendment) Act, 2012.]
Special Case
Power to state 90. Where any persons agree in writing to state a case for the opinion
case for opinion of the Court, then the Court shall try and determine the same in the
of Court manner prescribed.
Suits relating to Public Matters
Public nuisances 91.(1) In the case of a public nuisance the 73[ Attorney General], or
two or more persons having obtained the consent in writing of the 74[
Attorney General], may institute a suit, though no special damage
has been caused, for a declaration and injunction or for such other
relief as may be appropriate to the circumstances of the case.
(2) Nothing in this section shall be deemed to limit or otherwise

affect any right of suit which may exist independently of its
provisions.
Public charities 92.(1) In the case of any alleged breach of any express or constructive
trust created for public purposes of a charitable or religious nature,
or where the direction of the Court is deemed necessary for the
administration of any such trust, the 75[ Attorney General], or two or
more persons having an interest in the trust and having obtained the
consent in writing of the 76[ Attorney General], may institute a suit,
whether contentious or not, in the principal Civil Court of original
jurisdiction or in any other Court empowered in that behalf by the
Government within the local limits of whose jurisdiction the whole or
any part of the subject-matter of the trust is situate, to obtain a
decree-
(a) removing any trustee;
(b) appointing a new trustee;
(c) vesting any property in a trustee;
(d) directing accounts and inquiries;
(e) declaring what proportion of the trust-property or of the interest

therein shall be allocated to any particular object of the trust;
(f) authorising the whole or any part of the trust- property to be let,
sold, mortgaged or exchanged;
(g) setting a scheme; or
(h) granting such further or other relief as the nature of the case may
require.
(2) Save as provided by the Religious Endowments Act, 1863 (XX of

1863), no suit claiming any of the reliefs specified in sub-section (1)
shall be instituted in respect of any such trust as is therein referred to
except in conformity with the provisions of that sub-section.
Exercise of 93. The powers conferred by sections 91 and 92 on the Attorney

powers of General may, be, with the previous sanction of the Government,
Attorney General exercised also by the Collector or by such officer as the Government
may appoint in this behalf.
PART VI
SUPPLEMENTAL PROCEEDINGS
Supplemental 94. In order to prevent the ends of justice from being defeated the
proceedings Court may, if it is so prescribed,-
(a) issue a warrant to arrest the defendant and bring him before the
Court to show cause why he should not give security for his
appearance, and if he fails to comply with any order for security
commit him to the civil prison;
(b) direct the defendant to furnish security to produce any property

belonging to him and to place the same at the disposal of the Court
or order the attachment of any property;
(c) grant a temporary injunction and in case of disobedience commit

the person guilty thereof to the civil prison and order that his
property be attached and sold;
(d) appoint a receiver of any property and enforce the performance

of his duties by attaching and selling his property;
(e) make such other interlocutory orders as may appear to the Court
to be just and convenient.
Compensation 95.(1) Where, in any suit in which an arrest or attachment has been
for obtaining effected or a temporary injunction granted under the last proceeding
arrest, section,-
attachment or
(a) it appears to the Court that such arrest, attachment or injunction
injunction on was applied for on insufficient grounds, or
insufficient
grounds (b) the suit of the plaintiff fails and it appears to the Court that there
was no reasonable or probable ground for instituting the same,
the defendant may apply to the Court, and the Court may, upon such
application, award against the plaintiff by its order such amount, not
exceeding 77[ ten thousand] Taka, as it deems a reasonable
compensation to the defendant for the expense or injury caused to
him:
Provided that a Court shall not award, under this section, an amount
exceeding the limits of its pecuniary jurisdiction.
(2) An order determining any such application shall bar any suit for
compensation in respect of such arrest, attachment or injunction.
PART VII
APPEALS
Appeals From Original Decrees
Appeal from 96.(1) Code orSave where otherwise expressly provided in the body
original decree of this by any other law for the time being in force, an appeal shall lie
from every decree passed by any Court exercising original jurisdiction
to the Court authorised to hear appeals from the decisions of such
Court.
(2) An appeal may lie from an original decree passed ex parte.
(3) No appeal shall lie from a decree passed by the Court with the
consent of parties.
Appeal from final 97. Where any party aggrieved by a preliminary decree passed after
decree where no the commencement of this Code does not appeal from such decree,
appeal from he shall be precluded from disputing its correctness in any appeal
which may be preferred from the final decree.
preliminary
decree
Decision where 98.(1) Where an appeal is heard by a Bench of two or more Judges,
appeal heard by the appeal shall be decided in accordance with the opinion of such
two or more Judges or of the majority (if any) of such Judges.
Judges
(2) Where there is no such majority which concurs in a judgment
varying or reversing the decree appealed from, such decree shall be
confirmed:
Provided that where the Bench hearing the appeal is composed of

two Judges belonging to a Court consisting of more than two Judges,
and the Judges composing the Bench differ in opinion on a point of
law, they may state the point of law upon which they differ and the
appeal shall then be heard upon that point only by one or more of
the other Judges, and such point shall be decided according to the
opinion of the majority (if any) of the Judges who have heard the
appeal, including those who first heard it.
(3) Nothing in this section shall be deemed to alter or otherwise

affect any provision of the letters patent of High Court Division.
No decree to be 99. No decree shall be reserved or substantially varied, nor shall any
reversed or case be remanded, in appeal on account of any misjoinder of parties
modified for or causes of action or any error, defect or irregularity in any
proceedings in the suit, not affecting the merits of the case or the
error or
jurisdiction of the Court.
irregularity not
affecting merits
or jurisdiction
Appeals from Appellate Decrees
[Omitted] 100-103. [Omitted by section 2 and Schedule of the Law Reforms

Ordinance, 1978 (Ordinance No. XLIX of 1978).]
Appeals from Orders
Orders from 104.(1) An appeal shall lie from the following orders, and save as
which appeal lies otherwise expressly provided in the body of this Code or by any law
for the time being in force, from no other orders:
78
[ * * *]
79
[ (ff) an order under section 35A;]
(g) an order under section 95;
(h) an order under any of the provisions of this Code imposing a fine
or directing the arrest or detention in the civil prison of any person
except where such arrest or detention is in execution of a decree;
(i) any order made under rules from which an appeal is expressly
allowed by rules:
Provided that no appeal shall lie against any order specified in clause
(ff) save on the ground that no order, or an order for the payment of
a less amount, ought to have been made.
(2) No appeal shall lie from any order passed in appeal under this
section.
Other orders 105.(1) Save as otherwise expressly provided, no appeal shall lie from
any order made by a Court in the exercise of its original or appellate
jurisdiction; but, where a decree is appealed from, any error, defect
or irregularity in any order, affecting the decision of the case, may be
set forth as a ground of objection in the memorandum of appeal.
(2) Notwithstanding anything contained in sub-section (1), where any

party aggrieved by an order of remand made after the
commencement of this Code from which an appeal lies does not
appeal therefrom, he shall thereafter be precluded from disputing its
correctness.
What Courts to 106. Where an appeal from any order is allowed it shall lie to the
hear appeals Court to which an appeal would lie from the decree in the suit in
which such order was made, or where such order is made by a Court
not being the High Court Division in the exercise of appellate
jurisdiction, then to the High Court Division.
General Provisions relating to Appeals
Powers of 107. (1) Subject to such conditions and limitations as may be

Appellate Court prescribed, an Appellate Court shall have power-
(a) to determine a case finally;
(b) to remand a case;
(c) to frame issues and refer them for trial;
(d) to take additional evidence or to require such evidence to be

taken.
(2) Subject as aforesaid, the appellate Court shall have the same
powers and shall perform as nearly as may be the same duties as are
conferred and imposed by this Code on Courts of original jurisdiction
in respect of suits instituted therein.
Procedure in 108. The provisions of this Part relating to appeals from original
appeals from decrees shall, so far as may be, apply to appeals-
appellate decrees
(a) from appellate decrees, and
and orders
(b) from orders made under this Code or under any special 80[ * * *]
law in which a different procedure is not provided. 81[
[Appeals to the Appellate Division]
When appeals lie 109. Subject to such rules as may, from time to time, be made by the
to the Supreme Supreme Court regarding appeals from the Courts of Bangladesh, and
Court to the provisions hereinafter contained, an appeal shall lie to the 82[
Appellate Division]
(a) from any Judgment, decree or final order passed on appeal by the
High Court Division or by any other Court of final appellate
jurisdiction;
(b) from any Judgment, decree or final order passed by the High
Court Division in the exercise of original civil jurisdiction; and
(c) from any Judgment, decree or final order, when the case, as
hereinafter provided, is certified to be a fit one for appeal to the 83[
Appellate Division].
Value of subject- 110. In each of the cases mentioned in clauses (a) and (b) of section
matter 109, the amount or value of the subject-matter of the suit in the
Court of first instance must be twenty thousand Taka or upwards,
and the amount or value of the subject-matter of the suit in the
Court of first instance must be twenty thousand Taka or upwards,
and the amount or value of the subject-matter in dispute on appeal
to the 84[ Appellate Division] must be the same sum or upwards,
or the Judgment, decree or final order must involve, directly or

indirectly, some claim or question to or respecting property of like
amount or value,
and where the Judgment, decree or final order appealed from affirms
the decision of the Court immediately below the Court passing such
Judgment, decree or final order, the appeal must involve some
substantial question of law.
Bar of certain 111. Notwithstanding anything contained in section 109, no appeal

appeals shall lie to the 85[ Appellate Division]-
(a) from the decree or order of one Judge of the High Court Division,
or of one Judge of a Division Court, or of two or more Judges of High
Court Division, or of a Division Court constituted by two or more
Judges of High Court Division, where such Judges are equally divided
in opinion and do not amount in number to a majority of the whole
of the Judges of the High Court Division at the time being; or
86
[ * * *]
111A [Omitted] 111A. [Omitted by section 2 of the Federal Court Act, 1941 (Act No.
XXI of 1941).]
Savings 112.(1) Nothing contained in this Code shall be deemed-
(a) to affect the powers of the 87[ Appellate Division under article 103
of the Constitution of the People's Republic of Bangladesh] or any
other provision of that Constitution; or
(b) to interfere with any rules made by the Supreme Court, and for
the time being in force, for the presentation of appeals 88[ to the
Appellate Division], or their conduct 89[ before that Division].
(2) Nothing herein contained applies to any matter of criminal or

admiralty or vice-admiralty jurisdiction, or to appeals from orders
and decrees of Prize Courts.
PART VIII
REFERENCE, REVIEW AND REVISION
Reference of High 113. Subject to such conditions and limitations as may be prescribed,
Court Division any Court may state a case and refer the same for the opinion of the
High Court Division, and the High Court Division may make such order
thereon as it thinks fit.
Review 114. Subject as aforesaid, any person considering himself aggrieved-
(a) by a decree or order from which an appeal is allowed by this

Code, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed by this

Code, or
(c) by a decision on a reference from a Court of Small Causes
may apply for a view of judgment to the Court which passed the
decree or made the order, and the Court may make such order
thereon as it thinks fit.
90
Revision [ 115.(1) The High Court Division may, on the application of any
party aggrieved, call for the record of any suit or proceedings, in
which a decree or an order has been passed by a Court of District
Judge or Additional District Judge, or a decree has been passed by a
Court of Joint District Judge, Senior Assistant Judge or Assistant
Judge, from which no appeal lies; and if such Court appears to have
committed any error of law resulting in an error in such decree or
order occasioning failure of justice, the High Court Division may,
revise such decree or order and, make such order in the suit or
proceedings, as it thinks fit.
(2) The Court of District Judge may, on the application of any party
aggrieved, call for the record of any suit or proceeding, in which an
order has been passed by a Court of Joint District Judge, Senior
Assistant Judge or Assistant Judge, from which no appeals lies; and if
such Court appears to have committed any error of law resulting in
an error in such order occasioning failure of justice, the Court of
District Judge may, revise such order and, make such order as it
thinks fit.
(3) A Court of Additional District Judge shall have all the powers of
the District Judge under sub-section (2) in respect of revision case
which may be transferred to it by the District Judge.
(4) An application to the High Court Division for revision of an order

of the District Judge or, Additional District Judge, as the case may be,
made under sub-section (2) or (3) shall lie, where the High Court
Division grants leave for revision on an (4) An application to the High
Court Division for revision of an order of the District Judge or,
Additional District Judge, as the case may be, made under sub-
section (2) or (3) shall lie, where the High Court Division grants leave
for revision on an error of an important question of law resulting in
erroneous decision occasioning failure of justice, and the High Court
Division may make such order in the suit or proceeding as it thinks fit.
(5) Notwithstanding the substitution of this section, any proceeding

commenced and pending under section 115 prior to such substitution
shall be disposed of in such manner as if section 115 has not been
substituted.]
PART IX
SPECIAL PROVISIONS RELATING TO HIGH COURT DIVISION
Part to apply only 116. This Part applies only to High Court Division.
to certain High
Court Division
Application of 117. Save as provided in this Part or in Part X or in rules, the

Code to High provisions of this Code shall apply to High Court Division.
Court Division
Execution of 118. Where any High Court Division considers it necessary that a
decree before decree passed in the exercise of its original civil jurisdiction should be
ascertainment of executed before the amount of the costs incurred in the suit can be
ascertained by taxation, the Court may order that the decree shall be
costs
executed forthwith, except as to so much thereof as relates to the
costs;
and, as to so much thereof as relates to the costs, that the decree

may be executed as soon as the amount of the costs shall be
ascertained by taxation.
Unauthorised 119. Nothing in this Code shall be deemed to authorise any person on
persons not to behalf of another to address the Court in the exercise of its original
Address Court civil jurisdiction, or to examine witnesses, except where the Court
shall have in the exercise of the power conferred by its charter
authorised him so to do, or to interfere with the power of the High
Court Division to make rules concerning advocates 91[ * **].
Provisions not 120.(1) The following provisions shall not apply to the High Court
applicable to Division in the exercise of its original civil jurisdiction, namely,
High Court sections 16, 17 and 20.
Division in
original civil
jurisdiction
PART X
RULES
Effect of rules in 121. The rules in the First Schedule shall have effect as if enacted in
First Schedule the body of this Code until annulled or altered in accordance with the
provisions of this Part.
92
Power of [ 122. The Supreme Court may, from time to time after previous
Supreme Court to publication, make rules regulating the procedure of each Division of
make rules the Supreme Court and the procedure of Civil Courts subject to its
Superintendence and may by such rules annul, alter or add to all or
any of the rules in the First Schedule.]
Constitution of 123.(1) A Committee, to be called the Rule Committee, shall be
Rule Committees constituted 93[ for the purpose] referred to in section 122.
94
[ (2) Such Committee shall consist of the following persons,
namely:-
(a) three Judges of the Supreme Court, one of whom at least has
served as a District Judge for three years;
(b) two advocates parctising in that Court; and
(c) a Judge of a Civil Court subordinate to the High Court Division.]
(3) The members of 95[ * * *] such Committee shall be appointed by

the Chief Justice, who shall also nominate one of their number to be
president:
Provided that, if the Chief Justice elects to be himself a member of 96[

the Committee], the number of other Judges appointed to be
members shall be two, and the Chief Justice shall be the President of
the Committee.
(4) Each member of 97[ such committee] shall hold office for such
period as may be prescribed by the Chief Justice in this behalf; and
whenever any member retires, resigns, dies 98[ * * *] or becomes
incapable of acting as a member of the Committee, the said Chief
Justice may appoint another person to be a member in his stead.
(5) There shall be a Secretary to 99[ * * *] such Committee, who shall

be appointed by the Chief Justice and shall receive such
remuneration as may be provided in this behalf by the Government.
Committee to 124. 100[ The] Rule Committee shall make a report to the 101[ Supreme
report to Court] 102[ * **] on any proposal to annul, alter or add to the rules in
Supreme Court the First Schedule or to make new rules, and before making any rules
under section 122 the [Supreme Court] shall take such report into
consideration.
[Omitted] 125. [Omitted by section 3 and 2nd Schedule of the Central Laws
(Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960).]
103
Rules to be [ 126. Rules made under the foregoing provisions shall be subject
subject to to the previous approval of the President.].
approval
Publication of 127. Rules so made and approved shall be published in the official
rules Gazette, and shall from the date of publication or from such other
date as may be specified have the same force and effect 104[ * * *] as
if they had been contained in the First Schedule.
Matters for 128.(1) Such rules shall be not inconsistent with the provisions in the
which rules may body of this Code, but, subject thereto, may provide for any matters
provide relating to the procedure of Civil Courts.
(2) In particular, and without prejudice to the generality of the

powers conferred by sub-section (1), such rules may provide for all or
any of the following matters, namely;-
(a) the service of summonses, notices and other processes by post or

in any other manner either generally or in any specified areas, and
the proof of such service;
(b) the maintenance and custody, while under attachment, of live-
stock and other movable property, the fees payable for such
maintenance and custody, the sale of such live-stock and property,
and the proceeds of such sale;
(c) procedure in suits by way of counterclaim, and the valuation of

such suits for the purposes of jurisdiction;
(d) procedure in garnishee and charging orders either in addition to,

or in substitution for, the attachment and sale of debts;
(e) procedure where the defendant claims to be entitled to

contribution or indemnity over against any person whether a party to
the suit or not;
(f) summary procedure-
(i) in suits in which the plaintiff seeks only to recover a debt or

liquidated demand in money payable by the defendant, with or
without interest, arising-
on a contract express or implied; or
on an enactment where the sum sought to be recovered is a fixed

sum of money or in the nature of a debt other than a penalty; or
on a guarantee, where the claim against the principal is in respect of

a debt or a liquidated demand only; or
on a trust; or
(ii) recovery of immovable property, with or the for suits in without
a claim for rent or mesne profits, by a landlord against a tenant
whose term has expired or has been duly determined by notice to
quit, or has become liable to forfeiture for non-payment of rent, or
against persons claiming under such tenant;
(g) procedure by way of originating summons;
(h) consolidation of suits, appeals and other proceedings;
(i) delegation to any Registrar, Prothonotary or master or other

official of the Court of any judicial, quasi-judicial and non-judicial
duties; and
(j) all forms, registers, books, entries and accounts which may be
necessary or desirable for the transaction of the business of Civil
Courts.
[Omitted] 130. [Omitted by Article 2 and Schedule of the Central Laws

(Adaptation) Order, 1961.]
PART XI
MISCELLANEOUS
Exemption of 132.(1) Women who, according to the customs and manners of the
certain women country, ought not to be compelled to appear in public shall be
from personal exempt from personal appearance in Court.
appearance
(2) Nothing herein contained shall be deemed to exempt such
women from arrest in execution of civil process in any case in which
the arrest of women is not prohibited by this Code.
Exemption of 133.(1) The Government may, by notification in the official Gazette,
other persons exempt from personal appearance in Court any person whose rank,
in the opinion of 105[ the Government], entitles him to the privilege of
exemption.
(2) The names and residences of the persons so exempted shall, from
time to time, be forwarded to the High Court Division by the
Government and a list of such persons shall be kept in such Court,
and a list of such persons as reside within the local limits of the
jurisdiction of each Court subordinate to the High Court Division shall
be kept in such subordinate Court.
(3) Where any person so exempted claims the privilege of such

exemption, and it is consequently necessary to examine him by
commission, he shall pay the costs of that commission, unless the
party requiring his evidence pays such costs.
Arrest other than 134. The provisions of sections 55, 57 and 59 shall apply, so far as
in execution of may be, to all persons arrested under this Code.
decree
Exemption from 135.(1) No Judge, Magistrate or other judicial officer shall be liable to
arrest under civil arrest under civil process while going to, presiding in, or returning
process from, his Court.
(2) Where any matter is pending before a tribunal having jurisdiction

therein, or believing in good faith that it has such jurisdiction, the
parties thereto, their pleaders, mukhtars, revenue-agents and
recognised agents, and their witnesses acting in obedience to a
summons, shall be exempt from arrest under civil process other than
process issued by such tribunal for contempt of Court while going to
or attending such tribunal for the purpose of such matter, and while
returning from such tribunal.
(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim

exemption from arrest under an order for immediate execution or
where such judgment-debtor attends to show cause why he should
not be committed to prison in execution of a decree.
106
Exemption of [ 135A.(1) No person shall be liable to arrest or detention in prison
members of under civil process-
legislative bodies
(a) if he is a member of 107[ Parliament] during the continuance of any
from arrest and
meeting of 108[ Parliament];
detention under
civil process (b) if he is a member of any committee of 109[ Parliament], during the
continuance of any meeting of such committee;
and during the fourteen days before and after such meeting or
sitting.
(2) A person released from detention under sub-section (1) shall,

subject to the provisions of the said sub-section, be liable to re-arrest
and to the further detention to which he would have been liable if he
had not been released under the provisions of sub-section (1).]
Procedure where 136.(1) Where an application is made that any person shall be
person to be arrested or that any property shall be attached under any provision
arrested or of this Code not relating to the execution of decrees, and such person
resides or such property is situate outside the local limits of the
property to be
jurisdiction of the Court to which the application is made, the Court
attached is may, in its discretion, issue a warrant of arrest or make an order of
outside district attachment, and send to the District Court within the local limits of
whose jurisdiction such person or property resides or is situate a
copy of the warrant or order, together with the probable amount of
the costs of the arrest or attachment.
(2) The District Court shall, on receipt of such copy and amount,
cause the arrest or attachment to be made by its own officers, or by
a Court subordinate to itself, and shall inform the Court which issued
or made such warrant or order of the arrest or attachment.
(3) The Court making an arrest under this section shall send the
person arrested to the Court by which the warrant of arrest was
issued, unless he shows cause to the satisfaction of the former Court
why he should not be sent to the latter Court, or unless he furnishes
sufficient security for his appearance before the latter Court or for
satisfying any decree that may be passed against him by that Court,
in either of which cases the Court making the arrest shall release him.
Language of 137.(1) The language which, on the commencement of this Code, is

subordinate the language of any Court subordinate to the High Court Division
Courts shall continue to be the language of such subordinate Court until the
Government otherwise directs.
(2) The Government may declare what shall be the language of any
such Court and in what character applications to and proceedings in
such Courts shall be written.
(3) Where this Code requires or allows anything other than the
recording of evidence to be done in writing in any such Court, such
writing may be in English; but if any party or his pleader is
unacquainted with English a translation into the language of the
Court shall, at his request, be supplied to him; and the Court shall
make such order as it thinks fit in respect of the payment of the costs
of such translation.
Power of High 138.(1) The High Court Division may, by notification in the official
Court Division to Gazette, direct with respect to any Judge specified in the notification,
require evidence or falling under a description set forth therein, that evidence in cases
in which an appeal is allowed shall be taken down by him in the
to be recorded in
English language and in manner prescribed.
English (2) Where a Judge is prevented by any sufficient reason from
complying with a direction under sub-section (1), he shall record the
reason and cause the evidence to be taken down in writing from his
dictation in open Court.
Oath on affidavit 139. In the case of any affidavit under this Code-
by whom to be
administered (a) any Court or Magistrate, or
(b) any officer or other person whom 110[ the Supreme Court] may
appoint in this behalf, or
(c) any officer appointed by any other Court which the Government
has generally or specially empowered in this behalf,
may administer the oath to the deponent.
Assessors in 140.(1) In any Admiralty or Vice-Admiralty cause of salvage, towage

causes of salvage, or collision, the Court, whether it be exercising its original or its
etc appellate jurisdiction, may, if it thinks fit, and shall upon request of
either party to such cause, summon to its assistance, in such manner
as it may direct or as may be prescribed, two competent assessors;
and such assessors shall attend and assist accordingly.
(2) Every such assessor shall receive such fees for his attendance, to
be paid by such of the parties as the Court may direct or as may be
prescribed.
Miscellaneous 141. The procedure provided in this Code in regard to suits shall be
followed, as far as it can be made applicable, in all proceedings in any
proceedings Court of civil jurisdiction.
Orders and 142. All orders and notices served on or given to any person under
notices to be in the provisions of this Code shall be in writing.
writing
Postage 143. Postage, where chargeable on a notice, summons or letter

issued under this Code and forwarded by post, and the fee for
registering the same, shall be paid within a time to be fixed before
the communication is made:
Provided that the Government may remit such postage, or fee, or

both, or may prescribed a scale of court-fees to be levied in lieu
thereof.
Application for 144.(1) Where and in so far as a decree is varied or reversed, the
restitution Court of first instance shall, on the application of any party entitled to
any benefit by way of restitution or otherwise, cause such restitution
to be made as will, so far as may be, place the parties in the position
which they would have occupied but for such decree or such part
thereof as has been varied or reversed; and, for this purpose, the
Court may make any orders, including orders for the refund of costs
and for the payment of interest, damages, compensation and mesne
profits, which are properly consequential on such variation or
reversal.
(2) No suit shall be instituted for the purpose of obtaining any

restitution or other relief which could be obtained by application
under sub-section (1).
Enforcement of 145. Where any person has become liable as surety-

liability of surety
(a) for the performance of any decree or any part thereof, or
(b) for the restitution of any property taken in execution of a decree,

or
(c) for the payment of any money, or for the fulfilment of any
condition imposed on any person, under an order of the Court in any
suit or in any proceedings consequent thereon,
the decree or order may be executed against him, to the extent to

which he has rendered himself personally liable, in the manner
herein provided for the execution of decrees, and such person shall,
for the purposes of appeal, be deemed a party within the meaning of
section 47:
Provided that such notice as the Court in each case thinks sufficient
has been given to the surety.
Proceedings by or 146. Save as otherwise provided by this Code or by any law for the
against time being in force, where any proceeding may be taken or
representatives application made by or against any person, then the proceeding may
be taken or the application may be made by or against any person
claiming under him.
Consent or 147. In all suits to which any person under disability is a party, any
consent or agreement, as to any proceeding shall, if given or made
agreement by with the express leave of the Court by the next friend or guardian for
persons under the suit, have the same force and effect as if such person, were under
disability no disability and had given such consent or made such agreement.
Enlargement of 148. Where any period is fixed or granted by the Court for the doing
time of any act prescribed or allowed by this Code, the Court may, in its
discretion, from time to time, enlarge such period, even though the
period originally fixed or granted may have expired.
Power to make 149. Where the whole or any part of any fee prescribed for any
up deficiency of document by the law for the time being in force relating to court-fees
court-fees has not been paid, the Court may, in its discretion, at any stage, allow
the person, by whom such fee is payable, to pay the whole or part, as
the case may be, of such court-fee; and upon such payment the
document, in respect of which such fee is payable, shall have the
same force and effect as if such fee had been paid in the first
instance.
Transfer of 150. Save as otherwise provided, where the business of any Court is
business transferred to any other Court, the Court to which the business is so
transferred shall have the same powers and shall perform the same
duties as those respectively conferred and imposed by or under this
Code upon the Court from which the business was so transferred.
Saving of 151. Nothing in this Code shall be deemed to limit or otherwise affect
inherent powers the inherent power of the Court to make such orders as may be
of Court necessary for the ends of justice or to prevent abuse of the process
of the Court.
Amendment of 152. Clerical or arithmetical mistakes in judgments, decrees or orders

judgments, or errors arising therein from any accidental slip or omission may at
decrees or orders any time be corrected by the Court either of its own motion or on the
application of any of the parties.
General power to 153. The Court may at any time, and on such terms as to costs or
amend otherwise as it thinks fit, amend any defect or error in any
proceeding in a suit; and all necessary amendments shall be made for
the purpose of determining the real question or issue raised by or
depending on such proceeding.
Saving of present 154. Nothing in this Code shall affect any present right of appeal
right of appeal which shall have accrued to any party at its commencement.
Amendment of 155. The enactments mentioned in the Fourth Schedule are hereby
certain Acts amended to the extent specified in the fourth column thereof.
[Repealed] 156. [Omitted by section 3 and 2nd Schedule of the Second Repealing
and Amending Act, 1914 (Act No. XVII of 1914).]
[Omitted] 157-158. [Omitted by section 3 and 2nd Schedule of the Bangladesh

Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
1
Throughout this Act, unless otherwise provided, the words `Bangladesh`, `High Court Division`, `the High Court Division`, `Government`
and `Taka` were substituted, for the words `Pakistan`, `High Court` or `High Courts` or àny High Court` or `such High Court`, à High
Court`, `Central Government` or `Provincial Government` or `Central Government or the Provincial Government` or Àppropriate
Government` or `Central Government or a Provincial Government` and `Rupees` or `Rs.` respectively by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
2
The words and figure `section 47 or` were omitted by the Code of Civil Procedure (Amendment) Ordinance, 1983 (Ordinance No. XLVIII
of 1983)
3
The commas and words `, and includes an advocate, a vakil and an attorney of a High Court` were omitted by section 3 and 2nd Schedule
of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
4
The words `The Republic` were substituted, for the words `Pakistan` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision
And Declaration) Act, 1973 (Act No. VIII of 1973)
5
The word `Republic` was substituted, for the word `State` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973).
6
The word `Republic` was substituted, for the word `Government` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973)
7
The words òr local` were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No.
VIII of 1973)
8
The word `local` was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of
1973)
9
The word `Provincial` was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No.
VIII of 1973)
10
The word `Chittagong` was substituted, for the word `Karachi` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
11
12
13
14
Declaration) Act, 1973 (Act No. VIII of 1973).
15
The words `Bangladesh Biman` were substituted, for the words `Pakistan International Airways` by section 3 and 2nd Schedule of the
16
17
The words `Cox`s Bazar` were substituted, for the word `Muree` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
18
19
The word `Khulna` was substituted, for the word `Bahawalpur` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
20
The words àt Khulna` was substituted, for the word `Bahawalpur` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
21
22
The words `but to the same High Court` were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration)
Act, 1973 (Act No. VIII of 1973)
23
The word `said` was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of
1973)
24
Section 24A was inserted by section 7 of the Code of Civil Procedure (Amendment) Ordinance, 1962 (Ordinance No. XLIV of 1962)
25
The word `Government` was substituted, for the words `Courts issuing such summons of processes have been established or continued
by the authority of the Central Government or that the Provincial Government of the Province in which such summonses or processes are
to be served` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
26
Section 35A was substituted, by section 2 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
27
Section 35B was inserted by section 3 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
28
The words and comma òr by any Court established or continued by the authority of the Central Government in any Acceding State,`
were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
29
Section 44A was inserted by section 2 of the Code of Civil Procedure (Amendment) Act, 1937 (Act No. VIII of 1937)
30
The words `the United Kingdom or` were omitted by section 4 of the Code of Civil Procedure (Third Amendment), 2003 (Act No. XL of
2003)
31
Explanation 1 was omitted by section 4 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
32
The word àny` was substituted, for the words `the United Kingdom and such other` by section 4 of the Code of Civil Procedure (Third
Amendment) Act, 2003 (Act No. XL of 2003)
33
Clause (a) of explanation 3 was omitted by section 4 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
34
35
The words `the Railway` were substituted, for the words à railway` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision
36
The words, commas and figures Àrmy Act, 1952, Navy Ordinance, 1961, or the Air Force Act, 1953,` were substituted, for the words,
commas, figures and brackets `Pakistan Army Act, 1952, applies, or of persons other than commissioned officers to whom the Naval
Discipline Act as modified by the Pakistan Navy (Discipline) Act, 1934,` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision
37
38
And Declaration) Act, 1973 (Act No. VIII of 1973).
39
The word `Republic` was substituted, for the word `State` by section 3 and 2nd Schedule the Bangladesh Laws (Revision And
40
41
Explanation 3 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of
1973)
42
Clause (b) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of
1973)
43
The words `shall be Bangladesh` were substituted, for the words `shall be` by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
44
The words `shall be Bangladesh` were substituted, for the words `shall be` by section 3 and 2nd Schedule of the Bangladesh Laws
45
Clause (a) and (b) were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No.
VIII of 1973)
46
Clauses (a) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of
1973)
47
And Declaration) Act, 1973 (Act No. VIII of 1973).
48
The words `the Government` were substituted, for the words `that Government` by section 3 and 2nd Schedule of the Bangladesh Laws
49
50
The word `concerned` was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No.
VIII of 1973)
51
The word `Bangladesh` was substituted, for the words `the Provinces` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision
52
53
54
Sections 86 and 86A were substituted, for the original section 86 by section 2 of the Code of Civil Procedure (Amendment) Ordinance,
1970 (Ordinance No. VI of 1970)
55
Sections 89A and 89B were inserted by section 3 of the Code of Civil Procedure (Amendment) Act, 2003 (Act No. IV of 2003)
56
The words, comma, figures and bracket “Artha Rin Adalat Ain, 2003 (Act No. 8 of 2003)” were substituted for the words, comma,
figures and bracket “Artha Rin Adalat Ain, 1990 (Act No. 4 of 1990)” by section 2(a)(i) of the Code of Civil Procedure (Amendment) Act,
2012 (Act No. XXXVI of 2012).
57
The words “the Court shall” were substituted for the words “the Court may” by section 2(a)(ii) of the Code of Civil Procedure
(Amendment) Act, 2012 (Act No. XXXVI of 2012).
58
The words, commas, figures and breakets “to the concerned Legal Aid Officer appointed under the Legal Aid Act, 2000 (Act No. 6 of
2000), or” were inserted after the words “or refer the dispute or disputes in the suit” by section 2(a) of Code of Civil Procedure
(Amendment) Act, 2017.
59
The full-stop (.) was substituted for the colon (:) and thereafter the proviso was omitted by section 2(a)(iii) of The Code of Civil
Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).
60
Sub-section (3) was substituted by section 2(b) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).
61
The words “or Legal Aid Officer” were inserted after the words “when the court” by section 2(b) of Code of Civil Procedure
62
Sub-section (4) was substituted by section 2(c) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).
63
The words and comma “or the dispute or disputes are referred to Legal Aid Officer, or a mediator is appointed by the Court” were
substituted for the words “or a mediator is appointed by the Court” by section 2(c) of Code of Civil Procedure (Amendment) Act, 2017.
64
Sub-section (5) was substituted by section 2(d) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).
65
The words and commas “Legal Aid Officer or mediator, as the case may be,” were substituted for the word “mediator” by section 2(d)
of Code of Civil Procedure (Amendment) Act, 2017.
66
The words and commas “Legal Aid Officer or mediator, as the case may be,” were substituted for the word “mediator” by section 2(d)
of Code of Civil Procedure (Amendment) Act, 2017.
67
The words “prepare a report and pass an order in the manner” were substituted for the words “make a report and passed order in a
manner similar” by section 2(e) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).
68
The comma and words “, Legal Aid Officer” were inserted after the word “representatives” by section 2(e) of Code of Civil Procedure
69
Section 89C was inserted by section 2 of the Code of Civil Procedure (Amendment) Act, 2006 (Act No. VIII of 2006)
70
The word “shall” was substituted for the word “may” by section 3(a) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No.
XXXVI of 2012).
71
Sub-section (2) was substituted by section 3(b) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).
72
Section 89D and 89E were inserted by section 4 of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).
73
The words Àttorney General` were substituted, for the words Àdvocate General` by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
74
75
76
77
The words `ten thousand` were substituted, for the words òne thousand` by section 5 of the Code of Civil Procedure (Third
Amendment) Act, 2003 (Act No. XL of 2003)
78
Clause (a) to (f) were omitted by section 49 and 3rd Schedule of the Arbitration Act, 1940 (Act No. X of 1940)
79
Clause (ff) was inserted by section 3 of the Civil Procedure (Amendment) Act, 1922 (Act No. IX of 1922)
80
The words òr local` were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No.
VIII of 1973)
81
The Heading Àppeals to the Appellate Division` was substituted, for the former Heading Àppeals to the Supreme Court` by section 3
and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
82
The words Àppellate Division` were substituted, for the words `Supreme Court` by section 3 and 2nd Schedule of the Bangladesh Laws
83
84
85
86
Clause (b) was omitted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
87
The words and figure Àppellate Division under article 103 of the Constitution of the People`s Republic of Bangladesh` were substituted,
for the words and figure `Supreme Court under Article 158 of the Constitution` by section 3 and 2nd Schedule of the Bangladesh Laws
88
The words `to the Appellate Division` were substituted, for the words `to that Court` by section 3 and 2nd Schedule of the Bangladesh
89
The words `before that Division` were substituted, for the words `before that Court` by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
90
Section 115 was substituted, by section 6 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
91
The comma and words `, vakils and attorneys` were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
92
Section 122 was substituted, for the original section 122 by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
93
The words `for the purpose` were substituted, for the words àt the town which is the usual place of siting of each of the High Courts`
by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
94
Sub-section (2) was substituted, by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No.
VIII of 1973)
95
The word èach` was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII
of 1973)
96
The words `the Committee` were substituted, for the words à Committee` by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
97
The words `such Committee` were substituted, for the words àny such Committee` by section 3 and 2nd Schedule of the Bangladesh
98
The words and comma òr ceases to reside in the Province in which the Committee was constituted,` were omitted by section 3 and
2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
99
The word èach` was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII
of 1973)
100
The word `The` was substituted, for the word Èvery` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration)
Act, 1973 (Act No. VIII of 1973)
101
The words `Supreme Court` were substituted, for the words `High Court` by section 3 and 2nd Schedule of the Bangladesh Laws
102
The words èstablished at the town at which it is constituted` were omitted by section 3 and 2nd Schedule of the Bangladesh Laws
103
The words `Supreme Court` were substituted, for the words `High Court` by section 3 and 2nd Schedule of the Bangladesh Laws
104
The commas and words `, within the local limits of the jurisdiction of the High Court which made them,` were omitted by section 3 and
2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
105
The words `the Government` were substituted, for the words `such Government` by section 3 and 2nd Schedule of the Bangladesh
106
Section 135A was inserted by section 3 of the Legislative Members Exemption Act, 1925 (Act No. XXIII of 1925)
107
The word `Parliament` was substituted, for the letter and word à Legislature` by section 3 and 2nd Schedule of the Bangladesh Laws
108
The word `Parliament` was substituted, for the words `such Legislature` by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
109
The word `Parliament` was substituted, for the words `such Legislature` by section 3 and 2nd Schedule of the Bangladesh Laws
110
The words `the Supreme Court` were substituted, for the letter and word à High Court` by section 3 and 2nd Schedule of the

The Code of Civil Procedure 1908

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THE CODE OF CIVIL PROCEDURE, 1908

(ACT NO. V OF 1908).

[21st March, 1908]

WHEREAS it is expedient to consolidate and amend the laws relating to the

(3) It extends to the whole of Bangladesh.

Definitions 2. In this Act, unless there is anything repugnant in the subject or

(1) "Code" includes rules:

(2) "decree" means the formal expression of an adjudication which,

(a) any adjudication from which an appeal lies as an appeal from an

Explanation.-A decree is preliminary when further proceedings have

(3) "decree-holder" means any person in whose favour a decree has

(4) "district" means the local limits of the jurisdiction of a principal

(5) "foreign Court" means a Court situate beyond the limits of

(6) "foreign judgment" means the judgment of a foreign Court:

(7) "Government Pleader" includes any officer appointed by the

(8) "Judge" means the presiding officer of a Civil Court:

(9) "Judgment" means the statement given by the Judge of the

(10) "Judgment-debtor" means any person against whom a decree

(11) "legal representative" means a person who in law represents the

(12) "mesne profits" of property means those profits which the

(13) "movable property" includes growing crops:

(16) "prescribed" means prescribed by rules:

(a) every Judge;

(b) every member of the Civil Service of 4[ The Republic];

(c) every commissioned or gazetted officer in the military, naval or air

(e) every person who holds any office by virtue of which he is

(h) every officer in the service or pay of the 6[ Republic], or

(19) "share in a corporation" shall be deemed to include stock,

(20) "signed", save in the case of a judgment or decree, includes

(2) In particular and without prejudice to the generality of the

(2) "Revenue Court" in sub-section (1) means a Court having

Pecuniary 6. Save in so far as is otherwise expressly provided, nothing herein

(a) so much of the body of the Code as relates to-

(i) suits excepted from the cognizance of a Court of Small Causes;

(ii) the execution of decrees in such suits;

(iii) the execution of decrees against immovable property; and

(b) the following sections, that is to say,-

sections 91 and 92,

(i) orders for the attachment of immovable

(iii) the appointment of a receiver of immovable property, or

(iv) the interlocutory orders referred to in clause (e) of section 94;

sections 96 to 112 and 115.

[Omitted] 8. [Omitted by the Adaptation of Central Acts and Ordinance Order,

Jurisdiction of the Courts and Res Judicata

Explanation.-A suit in which the right to property or to an office is

Explanation.-The pendency of a suit in a foreign Court does not

Explanation I.-The expression "former suit" shall denote a suit which

Explanation II.-For the purposes of this section, the competence of a

Explanation III.-The matter above referred to must in the former suit

Explanation IV.-Any matter which might and ought to have been

Explanation VI.-Where persons litigate bona fide in respect of a

(a) where it has not been pronounced by a Court of competent

(c) where it appears on the face of the proceedings to be founded on

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force

Suits to be 16. Subject to the pecuniary or other limitations prescribed by any

(b) for the partition of immovable property,

(c) for foreclosure, sale or redemption in the case of a mortgage of or