Code of Civil Procedure, 1908
An action guide, not a summary — 35 sequenced steps a banker takes from pre-filing checks through execution and appeal, each tagged with its governing provision and deadline. Opens with a short introduction to the Code, then moves stage by stage.
What the CPC, 1908 is — and why a banker needs it
The Code of Civil Procedure, 1908 (Act No. V of 1908) is the parent procedural law for civil litigation in Bangladesh — enacted 21 March 1908, in force from 1 January 1909, and extending to the whole of the country (Section 1). It does not create substantive rights; it prescribes how an existing civil right, including a bank's right to recover a debt, is enforced through the courts.
The Code is built in two parts:
- The body of the Code — 158 sections across 11 Parts, stating the governing principles: jurisdiction, suits, execution, appeal, reference, review, and revision.
- The First Schedule — 51 Orders with accompanying Rules, prescribing the step-by-step mechanics: pleadings, summons, evidence, judgment, and execution.
Financial suits are not filed "under" the CPC directly — they are filed under the Artha Rin Adalat Ain, 2003. But Section 6(1) of the Ain makes CPC procedure applicable wherever the Ain is silent, which is why CPC fluency stays a practical necessity throughout the recovery litigation lifecycle that follows below.
Before Filing Suit
4 actions · groundwork checks
Confirm cause of action and limitation status. No suit proceeds without a disclosed cause of action; check the applicable limitation period before instructing counsel.
Identify the correct court. File in the court of the lowest grade competent to try the suit; confirm pecuniary and territorial jurisdiction before filing.
List all necessary parties. Include every borrower, guarantor, mortgagor, and director — an omission here is a common ground for later objection.
Check for a pending parallel suit. If the same matter is already before another court between the same parties, filing will be stayed — verify none exists before instituting.
Filing and Service
4 actions · plaint to summons
Draft and file the plaint. Present the plaint with full particulars and relief sought; pay the prescribed court fee at filing.
Watch for rejection risk. A plaint disclosing no cause of action or barred by law can be rejected at the outset — ensure pleaded facts and documents pre-empt this.
Track summons issuance and service. Where ordinary service fails, request substituted service (affixing at a conspicuous place) so the case doesn't stall.
Diarize the hearing date fixed in the summons — the date the defendant must appear or file a written statement.
Defence and Trial Stage
4 actions · written statement to evidence
Review the written statement on filing for admissions, denials, and any set-off claimed; prepare a reply/rejoinder promptly.
Watch for defence tactics that can stall the suit — a strike-out application or a fresh plaint-rejection bid can surface here; brief counsel to respond immediately.
Attend framing of issues — issues wrongly framed or omitted are difficult to correct later.
Prepare and produce evidence and witnesses on the court's schedule — missed witness-summoning deadlines routinely cause adjournments that delay recovery.
Judgment to Decree
2 actions · closing the trial file
Obtain the judgment and decree and verify the decretal amount, interest, and costs are correctly recorded before closing the file for execution.
If the decree is ex parte, remember the defendant can still apply to set it aside — do not treat the decree as final until this window lapses.
Execution — the recovery-critical stage
8 actions · Part II, Sections 36–74; Order 21
File the execution petition without delay. Calendar the deadline the moment the decree is passed.
Confirm the executing court. File before the court that passed the decree, or have it transferred to where the judgment-debtor or assets are located.
Move for attachment of property. Identify attachable assets and file for attachment; note statutory exemptions before targeting specific property.
Flag any private transfer of attached property as void against the decree — automatic protection, but must be pleaded if the debtor attempts a sale.
Proceed to sale by auction once attachment is confirmed, following the standard execution procedure.
Where the money decree remains unsatisfied, apply for arrest and detention of the judgment-debtor — track subsistence-allowance and release grounds so the process isn't challenged on technical grounds.
For Artha Rin execution specifically, rely on the Ain's own execution chapter first; where it is silent, Order 21 CPC applies — confirmed in Manik K Bhattacherjee vs Artha Rin Adalat (16 BLC 195) and International Tannery vs Judge, Artha Rin Adalat (17 BLC 380).
If the court's own order under the Ain needs correction, move under the Ain's inherent-powers provision rather than filing a fresh suit.
Appeal, Revision, Review
5 actions · after decree or order
File first appeal to the District Court or the High Court Division depending on forum.
File second appeal only on a substantial question of law.
File a review application before the same court on limited grounds — new evidence or an error apparent on the face of the record.
File revision before the High Court Division where a subordinate court acted without or in excess of jurisdiction. No fixed statutory period — 90 days is settled practice.
For Artha Rin appeals specifically, confirm the 50% decretal-amount deposit before filing — a precondition, not a formality.
Police Function in Execution
8 actions · where most delay actually happens
Execution of an arrest warrant or a resisted possession order is not self-enforcing — it depends on police action. Follow-up here matters as much as the filing itself.
Route the warrant to the correct police station. Obtain a certified copy/memo of the warrant from the court and forward it to the Officer-in-Charge (OC) of the station covering the judgment-debtor's known address.
For inter-district cases, route parallel copies to every relevant station rather than relying on one station to coordinate transfer.
Confirm the warrant names the executing authority. The officer entrusted with it must bring the judgment-debtor before the court "with all convenient speed" — check this before it leaves your desk.
Maintain active follow-up with the police station — track whether the warrant has been served, returned unexecuted, or needs renewal.
Request police assistance where resistance is offered to delivery of possession — apply to the executing court for a police-assistance direction rather than attempting delivery unprotected.
Arrange police presence when taking possession under a possession certificate — request this alongside the possession application, not after resistance occurs.
Check the arrest exemption before routing a warrant against an heir. Substituted heirs of a deceased mortgagor/guarantor are exempt from arrest and civil imprisonment — verify before forwarding.
Log every warrant in a tracking register — case number, date issued, station(s) routed to, and status — so nothing lapses from lack of follow-up.
Quick-Reference Deadline Table
The eight dates worth memorizing. Tap a row on mobile to see it as a card.
| Action | Provision | Deadline |
|---|---|---|
| Set aside ex parte decree | Order 9, R.13 CPC / Art. 164 Limitation Act | 30 days from decree/knowledge |
| File execution application | Art. 182 Limitation Act | 3 years from decree |
| First appeal — District Court | Section 96 CPC | 30 days |
| First appeal — High Court Division | Section 96 CPC | 90 days |
| Revision — High Court Division | Section 115 CPC | 90 days (by practice) |
| Artha Rin appeal (suit ≤ Tk. 50 lakh) | Ain, 2003 | 30 days + 50% deposit |
| Artha Rin appeal (suit > Tk. 50 lakh) | Ain, 2003 | 60 days + 50% deposit |
| Arrest warrant follow-up (police) | Ain, 2003 s.34 / Order 21 CPC | No fixed period — track until closed |
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