CIVIL JUDICIAL SYSTEM OF BANGLADESH: TRIAL LEVEL AND JURISDICTION

Abstract

The civil judicial system of Bangladesh constitutes the primary institutional mechanism for the enforcement of private rights, resolution of civil disputes, and maintenance of legal order under the rule of law. At the heart of this system lie the trial-level civil courts, which function as courts of first instance and bear the principal responsibility for fact finding, application of substantive law, and delivery of justice. Despite the existence of a comprehensive constitutional and statutory framework, the effectiveness of civil justice at the trial level continues to be undermined by persistent challenges, including jurisdictional complexities, procedural delays, case backlog, infrastructural inadequacies, and limited access to justice for marginalized sections of society. This monograph undertakes a doctrinal and analytical examination of the civil judicial system of Bangladesh with particular emphasis on the structure, jurisdiction, and functioning of trial-level civil courts. It traces the historical evolution of civil justice from the Hindu and Muslim periods through the colonial era to the post-independence constitutional framework, highlighting the continuity and transformation of judicial institutions. The study analyzes the constitutional foundation of judicial independence under Articles 94 to 116A of the Constitution of Bangladesh, alongside the statutory framework provided by the Civil Courts Act, 1887 and the Code of Civil Procedure, 1908, which together govern the organization, jurisdiction, and procedural functioning of civil courts. The research further explores the nature and dimensions of jurisdiction exercised by trial courts, including territorial, pecuniary, subject-matter jurisdiction, and the doctrine of implied bar, emphasizing their legal significance and practical implications. An in depth analysis of civil trial procedure illustrates how procedural law operates as the mechanism through which substantive rights are enforced, while also identifying procedural inefficiencies that contribute to delay and injustice. The study critically examines systemic challenges at the trial level and evaluates comparative experiences from jurisdictions such as India and the United Kingdom to identify reform-oriented best practices. By proposing targeted procedural, institutional, and technological reforms—such as time-bound trials, mandatory alternative dispute resolution, strengthened case management, digitization of court processes, and expansion of judicial capacity—this monograph seeks to contribute to the ongoing discourse on civil justice reform in Bangladesh. Ultimately, the study argues that strengthening trial-level civil courts is a constitutional imperative essential for ensuring timely, accessible, and effective justice, thereby reinforcing public confidence in the judiciary and the rule of law.