Civil Justice System in Bangladesh

Abstract

An essential requirement of justice is that it should be dispensed as quickly as possible. It is a well-known adage that, “justice delayed is justice denied”. However, delay in litigation is equally proverbial and though it may sound paradoxical, the fact remains that the very provisions of the Code, which are designed to facilitate smooth and speedy trial of cases, are misused and abused which causes delay in disposing cases indefinitely and ultimate success in the cause often proves illusory. The result is obvious, that cases pile up and huge arrears accumulate in all courts. Since no law intends to increase difficulties, but to ameliorate them; loopholes in law cannot be said to be only responsible for delay in disposal and increases number of suits but may be said to be responsible for expanding scope of technicalities which in essence, influence the parties to take advantage of such technicalities with intent to cause delay in the disposal of suits. The present procedure with existing loopholes is not able enough in coping with the present difficulties arising out of technicalities and of intentional delays and practical barriers. Moreover, procedure is the handmaid of justice; it is to be used so as to advance the cause of justice and not to thwart it. Every year a large numbers of suits are increasing in the districts courts of Bangladesh. When a person is filed a suit and he precedes it for a long term and he can thing that he will not get the proper judgment. For this reason court lost its important and it is one of the dangerous impacts of delay in Civil Litigation of Bangladesh. This paper aims at identifying these causes for delay in disposal of civil cases and suggests remedial measures.