A civil proceeding may be divided into Following stages

➢ Pre-proceeding state
➢ Proceeding stage
➢ Trial stage
➢ Judgement and decree
➢ Post trial procedure

Pre-proceeding state
This is an initial stage of mediation and conciliation for resolving the dispute between the
parties [Link] only available mandatory mediation process in Bangladesh is in the
family matters under the Muslim family law ordinance 1961 and Family court Ordinance
1985 after filing the written statement. The court is to fix a date within 30 days for pre-trail
hearing. On that day the court examining the plaint and written statement shall ascertain the
issues and attempt to effect a compromise or reconciliation between parties
Proceeding stage
❖ Institution of suit/issue of plaint
❖ Issue of process
❖ Service of summons
❖ Service return/Appearance of defendant
❖ Alternative dispute resolution(ADR)
❖ First hearing and examination of parties by court
❖ Framing of Issues
❖ Section 30 step and settling of date of hearing

Institution of suit/issue of plaint

The relevant provision are-
✓ Section-26 CPC
✓ Order 2, Rule: 1-7 of CPC
✓ Chapter-1 & 2 of CRO, Vol-1 Chapter 1 of Manual of Practical
✓ Instructions for the Conduct of Civil Suits (The Civil Suit Instructions
Manual)
✓ Order 6 & Order 7 of CPC
A civil suit must be instituted with a plaintiff that sufficiently describes the situation,
shows the cause of action and seeks proper remedies under section 26 of CPC. The
document in which the fact of the case is mentioned that document is known as Plaint
in legal world..Order 4 Rule 1 as well as Order 6 and 7. A plaint is to be filed in a
court which has both territorial and pecuniary jurisdiction. Under section 15 of CPC a
suit triable by a civil court in the court of the lowest grade competent to try [Link]
that the court officer,i.e. the Sheristadar shall examine if the relief claimed in the
plaint has been properly valued and the court fee has been paid etc. After that he will
enter the suit in the register of suits by putting a serial number. The date of filing the
plaint shall also be stamped on the plaint. Once is is done the machinery of a court is
set in motion for a civil suit which is the first stage of a civil suit.
 Issue of process
The relevant provision are-
✓ Chapter 3 of CRO, Vol-1
✓ Chapter 2 of (The Civil Suit Instructions Manual)
✓ Section 27 & 29 of CPC
✓ Order 5 Rule 1 to 30 of CPC
After a Plaint is filed the Court may either accept the Plaint or they may reject it. if the
Plaint is accepted the Court may call the Defendant against whom the suit is filed and
Court calls party by issuing Summon. Defendant to whom the summons is issued may
appear in person or through the legal representative. The summon is addressed under
section 27-29 of the code depending upon the location of the defendant. under Section 31
of the Code The Summons is also addressed when Plaintiff or Defendants want to
produce a witness in the Court. The procedure for the Service of Summons is mentioned
under Order V of the Code.

Service of summons
Summons with a copy of plaint which us Served on the defendant stated the nature of the
plaintiff's claim against the defendant and the remedy which the plaintiff seeks to obtain.
Under order 5 the service of summons is done by the court officer and the normal method is
registered post

Service return/Appearance of defendant

The relevant provision are-
Order 6 & Order 8 of CPC

A date is put on the summons by the court for the Appearance of the defendant. After
getting the summons the defendant needs to reply to the claim of the plaintiff the
defendant can accept the claim or deny the claims. If he intends to contest the claim, he is
to appear on the court as per the date of the summons and submit written document
known as “Written Statement”.He may also ask for time to file the same in some future
[Link] defendant has to file his written statement either on or before the first hearing
date under order 8. Under rule 2 or order 9 if the court finds that plaintiff has failed to pay
the required fee for Service of summons,the court may dismiss the suit on that day

Alternative dispute resolution(ADR)

The relevant provision are-
✓ Section 89A, 89B and 89C
✓ Order 23, Rule-3 of CPC
Two methods of ADR has been enacted in section 89A and 89B which are meditation and
arbitration. The term meditation lays down that Except in a suit under Artha Ain,1990 after
filing a written statement if all the parties in the suit are in attendance in the court in person or
by their respective pleaders,the court may by adjourning the hearing mediate in order to settle
the dispute in the suit to the engaged pleaders of the 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. 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.

First hearing and examination of parties by court

If ADR fails the court shall procees with hearing of the suit from the stage at which it
was before the decision to mediate. The court Will fix the date of first hearing. The
first hearing means the day on which the court goes into the pleading of parties in
order to understand their contention. At this hearing the court shall ascertain from
each party or his pleader whether they admits or denies the allegations of fact as are
made in the plaint and the written statement and shall record such admissions and
denials, under Rule 1 or Order 10

Framing of Issues
The relevant provision are-
✓ Order-14, Rule : 1 to 6 of CPC
✓ Order-20, Rule : 5 of CPC
Each material proposition affirmed by one party and denied by other shall form a distinct
issue. At the first hearing of the suit the court after reading the plaint and the written
statement ms and after examining the parties ascertain upon what material propositions of
fact or of law the parties are at variance. Thus, proceed to frame and record the issues on
which the right decision of the case depends. Although the duty to frame issues lies upon the
court but the advocates of both the parties shall also assist while doing it. If the court thinks
that issue cannot be framed without examining some person or without inspection of some
documents not produced yet,it may adjourn the framing if issues to a future date under order
14. In cases where no issue is needed to be framed, the first hearing would be on which day
the trial starts

Section 30 step and settling of date of hearing

The relevant provision are-
✓ Section 30 of CPC
✓ Order 11. Discovery and Inspection
✓ Order 12, Admissions
✓ Order XIII, Production, Impounding & Return of documents.
✓ Order 26, Commissions
✓ Order 39, Rule: 7, Preservation, Inspection, etc. of Subject matter of suit.
Section 30 step is related to the orders with regard to the delivery and answering of
interrogations, the admission of document and facts,and the discovery,inspection,production,
impounding and return of documents or other materials producible as evidence. Apart from
this step, the court will fix a date for settling the date of final and Peremptory hearing which
is the trail. On this settling date the court insists on the parties for filing their lists of witness
and applying for any Commission that may be required for examining the witnesses.
Trial stage
▪ Opening of case
▪ Peremptory hearing/examinatinon in chief/production of evidence in support
of the case
▪ Cross-Examination and re-examination of Plaintiff Evidence
▪ Summing up/closing speech/argument

Opening of case
The relevant provision are-
Order-18, Rule-1 of CPC (Chapter 10 of the Evidence Act.)
The plaintiff have the right to start his opening speech first but occasionally it might be the
right of defence to start the speech. it actually depends on the burden of proof(Order
18/Rule1). In the opening speech the advocate will state some following things like:- the
nature of the case,issue of the case,summaries the fact in issues,state briefly the evidence of
the witness. The provision of order 18 and Rule 1 and 2 are seldom followed these days.
Peremptory hearing/examinatinon in chief/production of evidence in support of the
case
The relevant provision are-
Section 135-165 of Evidence Act.
After opening the case the plaintiff will call the witnesses in the plaintiff's side one after
another and examine then in line with the plaintiff's case. They may also produce the
necessary documentary [Link] evidential rule of burden of proof requires that the
plaintiff has to discharge his burden by raising a prima facie case in relation to the relevant
[Link] if he fails to do so the suit will be dismissed once by the judge. However, if the
defendant has to give any opening speech, it will come after the evidence of the plaintiff has
been presented in the court.
Cross-Examination and re-examination of Plaintiff Evidence
After that, the other party can question that witness to prove him wrong or question his
capability as a witness, this is known as Cross-Examination. If that witness due to the
presser of the opposite party or any other reason loses his track from his stand or get
confused with the party of which he is a witness can question him again for clarification,
this is called re-examination. The procedure of examination has given under section 135
to 165 of The Evidence Act, 1872
Summing up/closing speech/argument
Chapter 28 of The Civil Suit Instructions Manual
Judgement and decree
▪ Pronouncement of judgement/Decree
Pronouncement of judgement/Decree
The relevant provision are-
✓ Chapter 29 of The Civil Suit Instructions Manual
✓ Order 20
✓ Chapter 9 of CRO, Vole: 1
✓ Section 33 of CPC
The court shall pronounce the judgment after the case has been heard and the decree shall
accompany the judgment (section 33). The judgment of the suit shall be issued by the court
within 7 days (Order 20 Rule 1). Judgment is the explanation of the court's decree or
decision, which contains the order and order. A decree is a formal expression of an
adjudication that definitively establishes the party's right to all or any of the contested matters
in the action. Order, on the other hand, means the formal expression of any judgment which
is not a decree of the Civil Court.
Post trial procedure
❖ Enforcement and Execution of Decree
❖ Appeal
❖ Review of Decree
❖ Revision

Enforcement and Execution of Decree

The relevant provision are-
✓ Section – 36 to 47 of CPC
✓ Order 21 (Rule : 1 to 103)
✓ Chapter -10 of CRO
✓ Chapter- 35 of The Civil Suit Instructions Manual
The enforcement of a decree by judicial process which enables the decree holder to realise
the fruit of the decree passed by the court is its execution. An execution commences with the
filing of an application for execution. Such application is made to the court which has passed
te decree. Once the application is received by the court, it will examine whether the
application complies with the requirement of Rule 11 to 14. If they complied with, the court
must admit and register the application. Details of this is mentioned in order 21 of CPC.

Appeal
The relevant provision are-
✓ Section-96-112 of CPC
✓ Order-41-45 of CPC
Appeal is the right of the superior court to alter/correct the inferior court's decision where a
serious mistake or error of law occurs. Procedure for appeal pursuant to sections 96 to 112 of
the Code and pursuant to Order 41 and Order 433

Review of Decree
The relevant provision is:-
 Section-114, Order 47 Rule 1-9 of the CPC.
Another method for seeking adequate justice is appeal, where the request is put to the same
court that gave the decision to review and amend its judgment. The analysis protocol was
defined in compliance with Section 114 and Order 47 of the Code.

Revision

The relevant provision is:-

✓ section-115 of the C.P.C

A revision is like an appeal brought to a higher court. Where there is an error in law and/or
causing a miscarriage of justice but no legal guidance for appeal, revision shall apply. Under
section 115 of the Code of Civil Process, the procedure for revision has been laid down.