PRELIMINARY 1.Short title, commencement and extent. 2.Definitions 3.Subordination of Courts. 4.Savings 5.Application of the Code of Revenue Courts. 6.Pecuniary Jurisdiction. 7.Small Cause Courts.

8.[Omitted] PART I SUITS IN GENERAL Jurisdiction of the Courts and Res Judicata 9.Courts to try all civil suits unless barred. 10.Stay of suit. 11.Res Judicata 12.Bar to further suit. 13.When foreign judgment not conclusive. 14.Presumption as to foreign judgments.

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Place of Suing 15.Court in which suits to be instituted. 16.Suits to be instituted where subject-matter situate.

17.Suits for immovable property situate within jurisdiction of different Courts. 18.Place of institution of suit where local limits of jurisdiction of Courts are uncertain. 19.Suits for compensation for wrongs to person or movables. 20.Others suits to be instituted where defendants reside or cause of action arises. 21.Objections to jurisdiction. 22.Power to transfer suits which may be instituted in more than one Court. 23.To what Court application lies.

24.General power of transfer and withdrawal. 24A.Appearance of parties on transfer of suit, etc. 25.[Omitted] Institution of Suits 26.Institution of suits.

Summons and Discovery 27.Summons to defendants. 28.[Omitted] 29.Service of foreign summonses. 30.Power to order discovery and the like. 31.Summons to witness.

32.Penalty for default. Judgment and Decree. 33.Judgment and decree. Interest 34.Interest Costs 35.Costs 35A.Compensatory costs in respect of false or vexatious claims or defences. 35B.Cost for delay in making applications, etc., in respect of interlocutory matters. PART II EXECUTION General 36.Application to orders.

37.Definition of Court which passed a decree. Courts by which decrees may be executed 38.Court by which decree may be executed. 39.Transfer of decree. 40.[Omitted] 41.Result of execution proceedings to be certified. 42.Powers of Court in executing transferred decree. 43.Execution of decrees passed by British Courts in places to which this Part does not extend or in foreign territory. 44.[Omitted] 44A.Execution of decrees passed by Courts in the United Kingdom and other reciprocating territory.

45.[Omitted] 46.Precepts 47.[Omitted] Limit of Time for Execution 48.Execution barred in certain cases. Transferees and Legal Representatives 49.Transferee 50.Legal representative Procedure in Execution 51.Powers of Court to enforce execution. 52.Enforcement of decree against legal representative. 53.Liability of ancestral property.

54.Partition of estate or separation of share. Arrest and Detention 55.Arrest and detention. 56.Prohibition of arrest or detention of women in execution of decree for money.

57.Subsistence allowance. 58.Detention and release. 59.Release on ground of illness. Attachment 60.Property liable to attachment and sale in execution of decree. 61.Partial exemption of agricultural produce.

62.Seizure of property in dwelling-house. Honda Pilot Front License Plate Bracket Install on this page. 63.Property attached in execution of decrees of several Courts. 64.Private alienation of property after attachment to be void. Sale 65.Purchaser's title 66.Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff. 67.Power for Government to make rules as to sales of land in execution of decrees for payment of money. Delegation to Collector of Power to Execute Decrees against Immovable Property 68.Power to prescribe rules for transferring to Collector execution of certain decrees.

69.Provisions of Third Schedule to apply. 70.Rules of procedure.

Jurisdiction of Civil Courts barred. 71.Collector deemed to be acting judicially.

72.Where Court may authorise Collector to stay public sale of land. Distribution of Assets 73.Proceeds of execution-sale to be rateably distributed among decree-holders. Resistance to Execution 74.Resistance to execution.

PART III INCIDENTAL PROCEEDINGS Commissions 75.Power of Court to issue commissions. 76.[Omitted] 77.Letter of request. 78.Commissions issued by foreign Courts. PART IV SUITS IN PARTICULAR CASES Suits by or against the Government or Public Officers in their official capacity 79.Suits by or against the Government.

80.Notice 81.Exemption from arrest and personal appearance. 82.Execution of decree. Suits by Aliens and by or against foreign Rulers, Ambassadors and Envoys 83.When aliens may sue.

84.When foreign States may sue. 85.Persons specially appointed by Government to prosecute or defend for Rules of foreign States. 86.Suits against Rulers. 86A.Suits against diplomatic agents.

87.Style of Rulers as parties to suits. [Suits Against Rulers of Acceding and Merged States 87A.[Omitted] Interpleader 88.Where interpleader suit may be instituted. PART V SPECIAL PROCEEDINGS [ALTERNATIVE DISPUTE RESOLUTION] 89.[Omitted] 89A.Mediation 89B.Arbitration 89C.Mediation in Appeal. Special provisions for mediation 89E. Application and commencement of the provisions of sections 89A and 89C Special Case 90.Power to state case for opinion of Court.

Suits relating to Public Matters 91.Public nuisances 92.Public charities 93.Exercise of powers of Attorney General. PART VI SUPPLEMENTAL PROCEEDINGS 94.Supplemental proceedings 95.Compensation for obtaining arrest, attachment or injunction on insufficient grounds. PART VII APPEALS Appeals From Original Decrees 96.Appeal from original decree. 97.Appeal from final decree where no appeal from preliminary decree. 98.Decision where appeal heard by two or more Judges.

99.No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction. Appeals from Appellate Decrees 100-103.[Omitted] Appeals from Orders 104.Orders from which appeal lies. 105.Other orders 106.What Courts to hear appeals. General Provisions relating to Appeals 107.Powers of Appellate Court.

108.Procedure in appeals from appellate decrees and orders. [Appeals to the Appellate Division] 109.When appeals lie to the Supreme Court. 110.Value of subject-matter. 111.Bar of certain appeals. 111A[Omitted] 112.Savings PART VIII REFERENCE, REVIEW AND REVISION 113.Reference of High Court Division. 114.Review 115.Revision PART IX SPECIAL PROVISIONS RELATING TO HIGH COURT DIVISION 116.Part to apply only to certain High Court Division. 117.Application of Code to High Court Division.

118.Execution of decree before ascertainment of costs. 119.Unauthorised persons not to Address Court. 120.Provisions not applicable to High Court Division in original civil jurisdiction. PART X RULES 121.Effect of rules in First Schedule. 122.Power of Supreme Court to make rules.

123.Constitution of Rule Committees. 124.Committee to report to Supreme Court. 125.[Omitted] 126.Rules to be subject to approval.

127.Publication of rules. 128.Matters for which rules may provide. 129.[Omitted] 130.[Omitted] 131.[Omitted] PART XI MISCELLANEOUS 132.Exemption of certain women from personal appearance. 133.Exemption of other persons. 134.Arrest other than in execution of decree.

135.Exemption from arrest under civil process. 135A.Exemption of members of legislative bodies from arrest and detention under civil process.

136.Procedure where person to be arrested or property to be attached is outside district. 137.Language of subordinate Courts.

138.Power of High Court Division to require evidence to be recorded in English. 139.Oath on affidavit by whom to be administered. 140.Assessors in causes of salvage, etc.

141.Miscellaneous proceedings. 142.Orders and notices to be in writing. 143.Postage 144.Application for restitution. 145.Enforcement of liability of surety. 146.Proceedings by or against representatives. 147.Consent or agreement by persons under disability.

148.Enlargement of time. 149.Power to make up deficiency of court-fees. 150.Transfer of business.

151.Saving of inherent powers of Court. 152.Amendment of judgments, decrees or orders. 153.General power to amend.

154.Saving of present right of appeal. 155.Amendment of certain Acts. 156.[Repealed] 157-158.[Omitted].

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 * * *] section 144, but shall not include- (a) any adjudication from which an appeal lies as an appeal from an order, or (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. 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 * * *] 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 Code of Revenue Courts. 5.(1) Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the Government may, by 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 * * *] 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 Jurisdiction. 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. 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 suit. Illustrations (a) A is a tradesman in Dhaka. B carries on business in Chittagong].

B, by his agent in Dhaka, buys goods of A and requests A to deliver them to the 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 Chittagong], where B carries on business. (b) A resides at Cox's Bazar], B at Dhaka and C at Chittagong]. A, B and C being together at Khulna], B and C make a joint promissiory note payable on demand, and deliver it to A. A may sue B and C at Khulna], where the cause of action arose. He may also sue them at Dhaka, where B resides, or at 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 jurisdiction. Where a suit may be instituted in any one of two or 22. Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to 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 application lies. 24A.(1) Where any suit is transferred under section 22, or any suit, appeal or other proceeding is transferred or withdrawn under sub-section (1) of section 24 on the application of a party, the Court ordering the transfer or withdrawal shall fix a date for the 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. 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. 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. Compensatory costs in respect of false or vexatious claims or defences. 35A.(1) If in any suit or other proceeding, including an execution proceeding, not being an appeal, any party objects to the claim 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 disallowed, in whole or in part, the Court shall, after recording its 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.] Cost for delay in making applications, etc, in respect of interlocutory matters. 35B.(1) If at any stage of a suit or proceeding, an application or written objection is not filed within the time fixed by the Court, such application or written objection, as the case may be, shall not be admitted for hearing without payment by that party of such cost to the other party not exceeding two thousand taka.

(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 orders. 42.(1) The Court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. All persons disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed 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. 44A.(1) Where a certified copy of a decree of any of the superior Courts of * * *] any reciprocating territory has been filed in a District Court, the decree may be executed in Bangladesh as if it had been passed by the District Court.

(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to 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.