A breakthrough decision to revise the civil procedure
Advocate Md.Rayhan Ali
The case is a very old news in the court. In the modern age of British law and manner, the case is being tried in the modern age. Long cases of cases in the courts of the country are rising. Even if the authorities take various steps officially, the existing law is not amended and the long trial process has to be completed and the judge has to spend a long time to get the judgment of a civil case. Then the appeal or revision process in the High Court for the case by the aggrieved person again. It is also not that the father has filed a case with the plaintiff but the father could not see the results of the verdict in the case. Later, the children are citing the next plaintiff in the case. The plaintiff's case is not seen by the result of the judgment of the case. The case has become a major problem in the court of the country.
"The case has increased in the court in 2021. Of this, the number of cases has increased to one lakh 5 thousand 5 in the last six months. According to data of increasing the case in all courts of the country.
Statistics show that two lakh 3 thousand cases were increased in 20 years. At present, the highest number of cases in the Appellate Division, 1,220. In 6 months it has increased to 3 thousand 5. The information was found after reviewing the annual report of the internal branch of the Supreme Court. It is expected to be presented to the Chief Justice after finalizing it soon. The annual report published will be handed over to the President and the Ministry of Law in accordance with the rules. Annual reports are usually published from March to May.
Statistics show that two lakh 3 thousand cases were increased in 20 years. At present, the highest number of cases in the Appellate Division, 1,220. In 6 months it has increased to 3 thousand 5. The information was found after reviewing the annual report of the internal branch of the Supreme Court. It is expected to be presented to the Chief Justice after finalizing it soon. The annual report published will be handed over to the President and the Ministry of Law in accordance with the rules. Annual reports are usually published from March to May.
In the review of the annual report of the last 5 years of the Supreme Court, it was shown that on November 7, the case pending in the country during the separation of the judiciary was 1 lakh 3 thousand. Of these, the number of cases pending in the High Court was 2 lakh 5 thousand 5. Information review says that the case has been three and a half times.
The search showed that due to some initiatives of the government and the judiciary, the settlement rate in the courts was increased but it was lagging behind. The case started to decline relatively from the 21st. In 2022, the first and latest cases were settled. Then the cases were very under control. But in the last six months of the outgoing year, the judiciary has virtually stagnant. At this time, the case has increased by more than one lakh 3 thousand. However, in the first 6 months, there were 5 thousand 5 cases. After taking charge of the interim government, new faces have come to the post of law officer with the Chief Justice. Twenty -two judges have been appointed in the High Court. There has also been widespread changes in the judicial posts in the subordinate court. The government also formed the judicial reform commission, including reducing the case. On February 7, the commission submitted recommendations to the government. It has also made significant recommendations on reducing the case (References: Daily Samakal, March 7, 2021). Of the number of cases, the highest number of cases of civil nature has been made. Following the British law and procedures in this civil case and the various problems of the court, especially the civil cases are increasing.
Environment, Forest Advisor Syeda Rizwana Hassan told reporters at the end of an event
'There is one thing in Bangladesh, add a land case to hostility with someone. As a result, the case will not end in three generations. Some amendments have been made to the CPC to ensure that the three generations do not take, the case is over in one generation. So that those who are judges take less time, money takes less'.
The government has issued 2021 in the Civil Procedure Act (Amendment), determining the cause of various problems in the government's civil case. Significant changes in this new revised ordinance are:
3) From now on, the dispute has been added to the summons of the defendant to send summons to the defendant through mobile phones, SMS, voice calls and instant messaging. It is mandatory to mention the opponent's mobile number, national identity card number and email (if any) when applying for the case.
2) The plaintiff or the defendant will not have to give an verbal statement by standing in court and memorizing the answer. From now on, the plaintiff/defendant will have to submit a written statement with the affidavit. In the past, the court also spent a long time to receive this statement, which would have spent a long time to resolve the case.
3) From now on, after receiving the verdict of the civil case for collecting money, there will be no new case issued in the separation. In the main case, the money can be filed by filing a request.
3) From now on, the civil court may instruct any law enforcement agencies, including the police, to implement the verdict and order.
3) In the new amendment, the government will bear the cost of living in jail if the defendant jail (civil detention) in the civil case. In the past, the plaintiff had to spend the cost of keeping the defendant in jail.
3) If the appellant or opponent is not present at the hearing of the new civil case, the court may declare the verdict of the appeal by setting a date immediately or in the interest of justice.
3) From now on, the Money Suit Special Massage has been involved in the case of money collection. According to the Decreeholder's petition in the case related to the money collection, the defendant may be given a maximum jail (civil detention) to a maximum of 6 months.
3) In this new amendment, the number of applications in the civil case is decreasing. Before the time it was six times, it has now been reduced to 5 times.
3) From now on, a defendant in the civil case will not be able to apply for the cancellation of more than once a unilateral judgment.
3) From now on, the compensation volume has been increased by the plaintiff's false and harassing cases. Which was previously 25 thousand taka.
The long -standing expectations of the judicial candidates should change some of the British law and procedure in the civil case. In order to meet the expectations of the judges, the present government has issued the Civil Procedure Act (Amendment) Ordinance 2021 through a breakthrough decision. This amendment will make it easier for the candidates to get justice in the land-deposit or civil nature case. The implementation of this amended law regarding the civil case will greatly reduce the cases of civil nature in the court of the country.
The writer is a Md.Rahan Ali,Advocate and Columnist, Judge Court, Khulna.He can be reached at email: Advrayhan520@gmail.com
