THE CIVIL COURTS ACT, 1887 (ACT NO. XII OF 1887). [11th March 1887] 1 An Act to consolidate and amend the law relating to Civil Courts in Bangladesh. WHEREAS it is expedient to consolidate and amend the law relating to Civil Courts in Bangladesh; It is hereby enacted as follows:- CHAPTER I PRELIMINARY Title, extent and commencement 1. (1) This Act may be called the 2 [ * * *] Civil Courts Act . (2) It extends to Bangladesh except such portions 3 [ thereof] as for the time being are not subject to the ordinary civil jurisdiction of the High Court Division 4 [ * * *]; and (3) It shall come into force on the first day of July, 1887. [Repealed] 2. (1) 5 [ Repealed by the Amendment Act, 1891 (Act No. XII of 1891)]. (2) [Omitted by the Bangladesh Laws (Revision And Declaration) Act , 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.] (3) Any enactment or document referring to the Bengal Civil Courts Act , 1871, [or East Bengal Civil Court Act] or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof. CHAPTER II CONSTITUTION OF CIVIL COURTS
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THE CIVIL COURTS ACT, 1887
(ACT NO. XII OF 1887).
[11th March 1887]
1 An Act to consolidate and amend the law relating to Civil Courts in Bangladesh.
WHEREAS it is expedient to consolidate and amend the law relating to Civil Courts in Bangladesh; It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
Title, extent and commencement
1. (1) This Act may be called the 2[ * * *] Civil Courts Act.
(2) It extends to Bangladesh except such portions 3[ thereof] as
for the time being are not subject to the ordinary civil
jurisdiction of the High Court Division 4[ * * *]; and
(3) It shall come into force on the first day of July, 1887.
[Repealed]
2. (1) 5[ Repealed by the Amendment Act, 1891 (Act No. XII of
1891)].
(2) [Omitted by the Bangladesh Laws (Revision And Declaration)
Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.]
(3) Any enactment or document referring to the Bengal Civil
Courts Act, 1871, [or East Bengal Civil Court Act] or to any
enactment thereby repealed, shall be construed to refer to this
1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “Taka” and `High Court Division`
were substituted, for the words “East Pakistan”, “Provincial Government”, “rupees” and `High Court` respectively by section 3 and
2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
2 The words “East Bengal” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973). 3 The word “thereof” was substituted, for the words “of that province” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
4 The words “of East Pakistan” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973). 5 The words “or East Bengal Civil Court Act” were inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
6 Section 3 was substituted, for section 3 by section 2 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 7 Section 4 was substituted, for section 3 by section 3 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001) 8 The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
9 The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
10 The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment)
Act, 2001 (Act No. XLIX of 2001). 11 The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
12 The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment)
Act, 2001 (Act No. XLIX of 2001).
13 The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
14 The words “Additional District” were substituted, for the word “Additional” by section 5 of the Civil Courts (Amendment)
Act, 2001 (Act No. XLIX of 2001). 15 The words “Additional District” were substituted, for the word “Additional” by section 5 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
16 The words “Additional District” were substituted, for the word “Additional” by section 5 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 17 The words “Additional District” were substituted, for the word “Additional” by section 6 of the Civil Courts (Amendment)
Act, 2001 (Act No XLIX of 2001). 18 The words “Additional District” were substituted, for the word “Additional” by section 6 of the Civil Courts (Amendment) Act, 2001 (Act No XLIX of 2001).
19 The words “Joint District” were substituted, for the word “Subordinate” by sections 6 and 7 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001). 20 The words “Additional District” were substituted, for the word “Additional” by section 6 of the Civil Courts (Amendment) Act, 2001 (Act No XLIX of 2001).
21 The words “Joint District” were substituted, for the word “Subordinate” by sections 6 and 7 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001). 22 The words “Joint District” were substituted, for the word “Subordinate” by sections 6 and 7 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
23 The words “Joint District” were substituted, for the word “Subordinate” by sections 6 and 7 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
24 The words “Joint District” were substituted, for the word “Subordinate” by sections 7 and 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 25 The words “Joint District” were substituted, for the word “Subordinate” by sections 7 and 8 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001). 26 The words “Joint District” were substituted, for the word “Subordinate” by sections 7 and 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
27 The words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 8 of the
Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 28 The words “Joint District” were substituted, for the word “Subordinate” by sections 7 and 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
29 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
30 The words “Joint District” were substituted, for the word “Subordinate” by section 8 of the Civil Courts (Amendment)
Act, 2001 (Act No. XLIX of 2001). 31 The words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
32 The words “Joint District” were substituted, for the word “Subordinate” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 33 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by section 8 of the
Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 34 The words “Joint District Judge or Senior Assistant Judge or Assistant Judge is a Joint District Judge or Senior Assistant Judge
or Assistant Judge” were substituted, for the words “Subordinate Judge or Assistant Judge is a Subordinate Judge or Assistant
Judge” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
35 The words “Joint District” were substituted, for the word “Subordinate” by section 9 of the Civil Courts (Amendment)
Act, 2001 (Act No. XLIX of 2001) 36 Section 19 was substituted, for the former section 19 by section 10 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
37 The words “East Bengal” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
38 The words “Additional District” were substituted, for the word “Additional” by section 11 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001). 39 The marginal heading was substituted, for the former marginal heading by section 11 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
40 The words “Additional District” were substituted, for the word “Additional” by section 11 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001).
41 The word “thereof” was substituted, for the words “of that province” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
42 The words “Joint District” were substituted, for the word “Subordinate” by section 12 of the Civil Courts (Amendment)
Act, 2001 (Act No. XLIX of 2001). 43 The words “Five lac Taka” were substituted, for the words “one lac and thirty thousand Taka” by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
44 The words “Senior Assistant Judge or an Assistant Judge” were substituted, for the words “Assistant Judge” by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
45 The words “Additional District” were substituted, for the word “Additional” by section 12 of the Civil Courts
46 The words “Additional District” were substituted, for the word “Additional” by section 12 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001). 47 The words “Senior Assistant Judge or an Assistant Judge” were substituted, for the words “Assistant Judge” by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
48 The words “Joint District” were substituted, for the word “Subordinate” by sections 12 and 13 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001). 49 The words “of East Pakistan” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
50 The words “Joint District” were substituted, for the word “Subordinate” by sections 12 and 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 51 The words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 13 of the
Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 52 The words “Joint District” were substituted, for the word “Subordinate” by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
53 The words “Senior Assistant Judge or Assistant Judge” were substituted for the words “Assistant Judge” by section 14 of the
Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 54 The words “Joint District” were substituted, for the word “Subordinate” by section 14 of the Civil Courts (Amendment)
Act, 2001 (Act No. XLIX of 2001). 55 The words “Senior Assistant Judge or Assistant Judge” were substituted for the words “Assistant Judge” by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
56 Sub-clause (e) was omitted by section 6(2) of the Bengal, Agra and Assam Civil Courts (Bengal Amendment) Act, 1935.
57 The words “Joint District” were substituted, for the word “Subordinate” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
58 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and
16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 59 The words “Joint District” were substituted, for the word “Subordinate” by sections 14, 15 and 16 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001). 60 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and
16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
61 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and
16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
62 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and
16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 63 The words “or East Bengal Civil Court Act” were inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
64 The words “Joint District” were substituted, for the word “Subordinate” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 65 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and
16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 66 The word “Provincial” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
67 The words, brackets and figures “twenty thousand Taka in the case of a Subordinate Judge or ten thousand Taka in the case of an
Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or six thousand Taka in the case of any
other Assistant Judge” were substituted, for the words, brackets and figure “ten thousand Taka in the case of a Subordinate Judge or five thousand Taka in the case of an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or
three thousand Taka in the case of any other Assistant Judge” by section 4 of the Civil Courts (Amendment) Act, 1990 (Act
No. XLVIII of 1990).
68 The words “Joint District” were substituted, for the word “Subordinate” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
69 The words “a Senior Assistant Judge or six thousand Taka in the case of an Assistant Judge” were substituted, for the words “an
Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or six thousand Taka in the case of any
other Assistant Judge” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 70 In the marginal heading the words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant
Judges” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
71 Section 25A was inserted by section 17 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001) 72 Section 3 was substituted, for section 3 by section 2 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). 73 The word “Muslim” was substituted, for the word “Muhammadan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
74 The word “Muslim” was substituted, for the word “Muhammadan” by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973). 75 The words, figures and comma “section 24 of the Code of Civil Procedure, 1908” were substituted, for the words and figure
“section 25 of the Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973). 76 The word “Provincial” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)