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No Court shall proceed with the trial of any dpf in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending cpde the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any Court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court.

Suits by Aliens and by or against foreign Rulers, Ambassadors and Envoys. Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip o omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.

Partial exemption of agricultural produce. Execution Of Decrees And Orders.

Power to order discovery and the like. Release on ground of illness.

In lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within Bangladesh.

A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except- a where it has not been pronounced by a Court of competent jurisdiction; b where it has pcf been given on the merits of downllad case; c where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of Bangladesh in cases in which such law is applicable; d where the proceedings in which the judgment was obtained are opposed to natural justice; e where it has been obtained by fraud; f where it sustains a claim founded on a breach of any law in force in Bangladesh.

Code of Civil Procedure 1908

When aliens may use. Provided that if the pleaders, their respective clients and the mediator fail to determine the fees, the Court shall fix the fees and the fees so fixed procedurr be binding upon the parties.

The Court to which a decree is sent ccode execution shall certify to the Court which passed it the fact of such execution, or where the former Court fails to execute the same the circumstances attending such failure. The Courts shall subject to the provisions herein contained have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

Consent or agreement by persons under disability. Jurisdiction of Civil Courts barred. Appeal from final decree where no appeal from preliminary decree.


Summonses and other processes issued by any Civil or Revenue Court situate outside Bangladesh may be sent to proxedure Courts in Bangladesh and served as if they were summonses issued by such Courts: Provided that in a suit instituted without such notice, the Court shall allow not less than three months to the Government to submit its written statement. This article needs more links to other articles to help integrate it into the encyclopedia.

Appeal, Reference And Review. Gazette Of India,Pt.

The Code of Civil Procedure has been substantially amended in the year When appeals lie to the Supreme Court. The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may- a issue a warrant for his arrest; b attach and sell his property; c impose a fine upon him not exceeding five hundred Taka; d order him to furnish security for his appearance and in default commit him to the civil prison.

Provisions of Third Schedule to apply. Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party,- a make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence; b issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid; c order any fact to be proved by rpocedure.

Exemption of certain women from personal appearance. Power of Court to issue commissions. Definitions of foreign State and Rulers. Compensation for obtaining arrest, attachment or injunction on insufficient grounds. Saving of present right of appeal. Suits In Particular Cases. Committee dowbload report to Supreme Court.

Code of Civil Procedure (India) – Wikipedia

Exemption of members of legislative bodies from arrest and detention under civil process. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff. Compensation for obtaining arrest, attachment or injunction on insufficient grounds. Amendment of judgments, decrees or orders.