The justice delivery system in our country is time consuming and unaffordable to the poor people to some extent. The existing regime of civil suits in Bangladesh is governed by the Code of Civil Procedure enacted in
One of the most vexed and worrying problems in the administration of civil justice is of delay. It is likewise to be observed that this society hath a peculiar cant and jargon of their own, that no other mortal can understand, and wherein all their laws are written; which they take special care to multiply; whereby they have wholly confounded the very essence of truth and falsehood; of right and wrong; so that it will take thirty years to decide whether the field, left by my ancestors for six generations, belong to me or to a stranger three hundred miles off.
Backlog of cases causes frustrating delay in the adjudicative process, which is eating away Delay in civil suits judiciary.
While delay in judicial process causes backlog, increasing backlog puts tremendous pressure on present cases and vice versa. This process goes on with no apparent remedy in view. Present rate of disposal of cases and backlog is alarming for justice, rule of law and economic development of the country.
Our judicial and legal system has a rich tradition of common law culture and it can boast of a long record of good delivery of justice. Like any Delay in civil suits legal system, common law with its adversarial or accusatorial features, has both its merits and demerits.
But in recent years, certain objective and subjective factors have led our judiciary to a situation where its demerits are ruling over the merits, manifesting in crippling backlogs and delays. Delayed justice fails to pay even the winning party of the litigation, for its costs in terms of time, money, energy and human emotions are too high.
Delay in our judiciary has reached a point where it has become a factor of injustice, a violator of human rights. Praying for justice, the parties become part of a long, protracted and torturing process, not knowing when it will end.
Where it should take one to two years for the disposal of a civil suit, a case is dragged for 10 to 15 years, or even more.
By the time judgment is pronounced the need for the judgment in certain cases is no more required.
Moreover, in a society of class differentiation, the lengthy process, which is adversarial and confrontational in nature, puts the economically stronger party at an advantageous position.
If the judiciary functions substantively and in accordance with the procedural laws, an existing wide scope for delays, can transform it into a system which becomes procedurally hostile towards marginalized sections of our people, defeating the goals of social justice. The reasons for delays in our civil justice system are both systemic and subjective.
They may be identified as follows: Common law oriented adversarial or accusatorial character of the civil process as against inquisitorial as practiced in continental Europe, meaning that the litigation is party-controlled which provides wide maneuvering power to the lawyers, and presupposes lesser initiative and relative passivity of the judges.
Slow process of service of the summons which can be further slowed down by the intentions of the parties concerned, indicating a poor state of court administration. Frequent adjournments of the trial caused by the insistence of the lawyers, and reluctance of the judges to limit these adjournments, such reluctance being explained partly by heavy case-load and partly by their unpreparedness to continue and complete the process.
Vested interest of the lawyers for lingering and delaying the process, for they are often paid by their appearances in the court.
Commonly made interlocutory orders and appeals which fracture the case into many parts and effectively stay the trial.
Scope for frequent amendments of the plaints and written statements at any stage of the trial. Reluctance of the judges, accentuated by their statutory non-compulsion, to use pre-existing rules and orders to expedite the trial, or to sanction the parties for failing to follow the procedural requirements, meaning that the judges do not take initiative to employ procedural power already within their reach, nor do they make use of their rule making power to achieve procedural effectiveness.
Absence of lawyer-client accountability giving the lawyer monopoly to conduct the case the way he considers best suited to his own interest.
Little scope for client to client interaction which hinders potentiality for alternative dispute resolution and intensifies conflictual nature of the proceedings. Failure of the parties to present the witnesses - sometimes genuine, sometimes deliberate.
Vagueness in the terms and wordings of the plaint and written statement, charging on the court time to clarify the issues, and the failure of the judges to impose costs for frivolous suits and pleadings.
Rotation and transfer of judges, often meaning that the same judge who heard testimony may not decide the dispute, taking away thereby much of his incentive to push forward the proceedings to judgment and seriously impeding the process of continuous trial; the new judge may have to repeat some of the procedural requirements already fulfilled.
Inadequate administrative and logistic support system, enormous work-load of the judges, poor salaries and poor working conditions - all having negative impact on the initiative and efficiency of the judges. Insufficient internal discipline and accountability. Consequential frustration, desperation and costs become too expensive for any judicial system to sustain.
Earlier, moves had been made to clear the procedural blockages of our civil justice system though success could not be achieved. Mere amendments of the CPC within the existing trial philosophy may not be the best way to look for the gateway in the blind-alley.
Before it is too late, innovative approaches are needed to live upto the uphill tasks of reconstructing our judiciary. Delay in disposal of case threatens justice.
The lapse of time blurs truth, weakness memory of witness and makes presentation of evidence difficult. This leads to loss of public confidence in the judicial process which in itself is a threat to rule of law and consequently to the democracy.Abstract Delay is a very harmful matter for civil suits.
And its situation in Bangladesh is very dangerous. Time consumed for the final disposal of cases from the date of . INTRODUCTION. Delay is a very harmful matter for civil suits in Bangladesh. Time consumed for the final disposal of cases from the date of its institution is too long.
years in many instances. Delay in civil suit Introduction: One of the most vexed and worrying problems in the administration of civil justice is of delay. Sep 30, · Whatever you decide to do, I'd suggest that you also start studying your court's rules of civil procedure.
evidence-free suits seems to be my world. Ways to delay lawsuit Theme. Credit Info Center (Default) Default. Basically, the delay in litigation is incredibly practiced in civil courts.
Our civil courts are governed by the Civil Procedure Code which was enacted during the British reign. But, after the independence, the government of Bangladesh had taken an attempt to accelerate the civil procedure system.
To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant. To avoid the expense and delay of having a trial, judges encourage the litigants to try to reach an agreement resolving their dispute.
Absent a settlement, the court will schedule a trial.