| dc.description.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. | en_US |
