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Introductory Lecture on
Law of Civil Procedure–I
Course teacher: Prof. Md. Asgar Ali
Introduction
The course Law of Civil Procedure–I, is one of the most fundamental and intellectually
demanding subjects in your LL.B. program. This course marks the student’s formal entry into
the world of civil litigation, court practice, and judicial reasoning.
If substantive law tells us what rights exist, procedural law tells how those rights can be
enforced. Without procedure, rights remain theoretical; without discipline in procedure,
justice becomes arbitrary. The Code of Civil Procedure, 1908, commonly known as the CPC, is
therefore not merely a statute, but the architecture of civil justice in Bangladesh.
Nature and Importance of the Course
This course is not about memorising sections and orders. It is about:
Understanding what is Civil Suit, how it instituted and how it is defended.
Understanding how courts function,
Learning how disputes move from pleadings to judgment,
Understanding how decrees are enforced, and
Appreciating how judicial discretion operates within procedural boundaries.
Every civil lawyer, judge, or legal academic must command this subject. In practice,
procedural mistakes often defeat strong substantive claims. Hence, becoming expert of civil
procedure is a professional necessity.
Broad Objectives of the Course
By the end of this course, you should be able to:
1. Understand the historical evolution of civil procedure;
2. Explain the scope and application of the Code of Civil Procedure;
3. Analyse the jurisdiction and powers of civil courts;
4. Learn to prepare pleadings of Civil Suits;
5. Learn how to conduct trial of Civil Suit;
6. Learn how to open a case, hearing the suit, how to adduce evidence etc.;
7. Apply procedural rules governing suits, pleadings, and hearings;
8. Appreciate the role of interim and preventive remedies;
9. Understand execution and informant of Order or Decrees; and
10. Read procedural provisions in the light of judicial interpretation and fairness.
Overview of the Syllabus and Thematic Structure
Let us now briefly walk through the syllabus to understand how the course is structured.
1. Historical Background and Scope of Civil Procedure
We begin with the history of the law on civil procedure, tracing its development from:
Early regulations during the colonial period,
Codification in 1859, 1882, and finally,
The enactment of the Code of Civil Procedure, 1908.
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Understanding history helps us appreciate why the CPC is structured the way it is and why
certain principles—such as natural justice and judicial discretion—are deeply embedded in it.
Closely linked to this is the scope and application of the CPC, particularly its operation in
Bangladesh after independence.
2. Inherent Powers of the Courts
A distinctive feature of civil procedure is the recognition that no code can foresee every
situation. Therefore, courts are vested with inherent powers, primarily under section 151
CPC.
This part of the course teaches you:
Why inherent powers exist,
Their limits,
Their relationship with express provisions, and
How courts prevent abuse of process and secure the ends of justice.
This topic reveals the philosophy of procedural justice.
3. Civil Nature of Suits and Jurisdiction of Courts
Next, we examine:
Meaning of suits of civil nature, and
Jurisdiction of civil courts.
Students of this Course will study:
Section 9 CPC and the presumption in favour of civil jurisdiction,
Territorial, pecuniary, and subject-matter jurisdiction,
Bars to jurisdiction—both express and implied.
This portion answers a critical practical question:
Which court can hear which dispute?
4. Res Judicata and Res Sub Judice
These doctrines promote finality and judicial discipline.
You will explore:
Res sub judice: preventing parallel litigation, and
Res judicata: preventing re-litigation of settled issues.
These principles safeguard:
Judicial economy,
Certainty in law, and
Public confidence in the justice system.
5. Institution of Suits and Pleadings
This is the procedural foundation of civil litigation.
Topics include:
Institution of suits and proceedings,
Plaint and written statement,
Pleadings and their principles,
Parties to suits, and
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Amendment of pleadings.
Here, you will learn how a civil dispute formally enters the courtroom and how facts are legally
structured for adjudication.
6. Summons, Appearance, and Participation of Parties
This part deals with:
Summons and service,
Appearance and non-appearance of parties,
Examination of parties, and
Admissions.
These rules ensure procedural fairness and compliance with the principles of natural justice.
7. Documents, Issues, and Trial Management
Students will then study:
Production, impounding, and return of documents,
Discovery and inspection,
Settlement of issues, and
Disposal of suits.
This stage marks the transition from pleadings to trial and reflects the court’s active role in
shaping litigation.
8. Hearing, Evidence, and Adjournments
This segment covers:
Adjournments and judicial control over delay,
Hearing of the suit,
Examination of witnesses,
Use of affidavits.
It highlights how courts balance procedural rights with the need for expeditious justice.
9. Judgment and Decree
Every civil proceeding culminates in:
Judgment, and
Decree.
Students will learn:
The distinction between the two,
Essential elements of a judgment, and
Their legal consequences.
This portion connects procedural law with substantive outcomes.
10. Interim and Preventive Reliefs
Finally, the course addresses interim orders, which play a crucial role in protecting rights
during litigation, including:
Arrest and attachment before judgment,
Temporary injunctions,
Appointment of receiver,
Commissions, and
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Security for costs.
These remedies reflect the court’s power to prevent injustice before final adjudication.
Teaching and Learning Approach
Throughout this course:
We will rely on statutory provisions,
Analyse leading case law, and
Discuss practical illustrations from Bangladeshi courts.
Students are encouraged to:
Read the CPC with the bare Act in hand,
Develop the habit of statutory interpretation, and
Think like a lawyer, not merely a student.
Concluding Remarks
To conclude, Law of Civil Procedure–I is not an isolated academic subject. It is the language
of civil courts, the discipline of litigation, and the framework of judicial fairness. If the
students understand this course well, they will not only perform better academically but they
will also carry a lifelong professional advantage.
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