Specific Performance of Contract
When there is a contract there is an obligation of performance of such contract, in our law it is coined as specific performance of contract. We can sue a party if they refuse to...
Category: Code of Civil Procedure (CPC)
Code of Civil Procedure, 1908 (CPC) the main procedural law in case of civil matters. It describes how to initiate a civil suit, how to maintain the proceedings such as submission of a suit, pleadings, pre-trial and post-trial procedure, execution, Decree, Order, Judgement, Appeal, Review, Revision etc.
In this section of our site, you will have explanations of these matters, updates, case laws, real-life and practical experience, tips and tricks etc.
Non-appearance of parties; consequence and remedy
In a civil suit, both plaintiff and defendant must be present on the day of the hearing but due to various circumstances either one of them or both parties may fail to appear before...
Restitution
Restitution is getting back or Re-establishment of the right or property that has been lost due to some erroneous legal decision. Meaning Restitution has not been defined under law but it can be explained...
Inherent power of the court under CPC [section 151]
The code of civil procedure 1908 is not an exhaustive law, it is obvious that some difficult situation can arise where the general law is silent or not so clear. In that situation for...
Petition for Rejection of Plaint
When the elements of plaint are missing or where the proper process is not maintained, the court shall reject the plaint. on the other hand, if the court does not reject the plaint by...
Objection petition as to amendment of pleadings
In a certain situation, a pleadings may need an amendment to serve its purpose. This amendment is called the amendment of pleadings. To amend a pleading the who needs that amendment present an application...
Amendment of pleadings – Drafting
Amendment of pleadings A pleadings could go wrong for various reason, at that situation a pleadings requires an amendment to serve its purpose. The term amendment of pleadings is very self-explanatory, In certain situation,...
Plaint [CPC 05]
A civil suit is instituted via a plaint, based on the claims of a plaint the opposite party replies and thus starts a civil suit. It is essential to understand the basics of plaint...
Pleadings [CPC 04]
A civil suit must be instituted with a pleadings and the main area of conflict shall be determined via pleadings. Moreover, the parties must limit their claims and submit their documents that are mentioned...
Jurisdiction of Civil Court (with example) [CPC 03]
Jurisdiction is one of the first matters to consider when a suit is presented before a court because if it is found that the suit does not fit to the jurisdiction of the court,...
Stages of a Civil Suit [CPC 101]
Whether you wish it or not there is a 90% chance that you will face a civil suit in your lifetime, as 80% of our cases arise out of suits of civil nature. Therefore,...
Suits of Civil Nature [CPC 02]
There are several paths that you can choose if your rights get violated. among the other, the main two branches of law are Criminal Case and Civil Suit. Generally, a person can choose between...
Judgment, Decree & Order [CPC 01]
Judgment, decree, and order are some of the most important and useful terms of civil procedure, these terms are very related to each other but at the same time carry their own separate significance....
Arrest and Attachment before Judgment
ARREST BEFORE JUDGMENT ORDER 38 of The Code of Civil Procedure RULES (1-4) RULE 1. Where defendant may be called upon to furnish security for appearance. Where, at any stage of a suit, other...
Injunction Submission (O-39, R- 1& 2 of CPC)
May It Please Your Honor This is an application under Order 39 rule 1 & 2 of Code of Civil Procedure 1908. Your Honor, This instant suit is for declaration of title and recovery...
Difference among Decree, Order and Judgment
Decree In a civil suit, several facts might be alleged and the court may be required to rule on several claims. In simple terms, a decree is the ruling of the court regarding the...
Consequences of Non appearance of parties (Order 9)
Consequences of Non appearance of parties (Order 9) The general provisions of CPC are based on the principle that both the parties must be given an opportunity to be heard. The proceedings must not...
Injunction Plaint (Sample)
IN THE COURT OF 5TH JOINT DISTRICT JUDGE, DHAKA; TITLE SUIT NO. 234 OF 2015 Azizul Hakim, ..Plaintiff-Petitioner VERSUS Ziaul Ahsan and another ..Defendant-Opposite Parties An application under Order XXXIX rule 1...
Declaration and recovery of possession – Plaint
Declaration and recovery of possession – Plaint IN THE COURT OF 5TH JOINT DISTRICT JUDGE, DHAKA TITLE SUIT NO. OF 2016 Azizul Hakim, Son of late Abdul Hakim of House No.23, Road No.12,...
Res sub-judice & Res Judicata;
Introduction Section – 10 deals with the doctrine of res sub-judice and section-11 deals with the doctrine of res –judicata. Section -10 provides the rule with regard to stay of suits where things are...
