Filing a civil suit in Bangladesh can be a complex legal process if not handled correctly. Whether you are protecting your contractual rights, recovering money, resolving property disputes, or seeking damages, understanding the proper legal procedure is crucial.
Table of Contents
This guide explains how to file a civil suit/case in Bangladesh step by step — from identifying your claim to obtaining a decree — and how experienced legal professionals can ensure your case is filed correctly and strategically for the best possible outcome.
What Is a Civil Suit
A civil suit is a legal action filed to enforce private rights or seek compensation for a wrong that is not criminal in nature. It usually involves disputes related to:
- Property ownership or tenancy.
- Breach of contract or agreement.
- Money recovery or business debts.
- Family or inheritance issues.
- Injunctions and declarations of rights.
Civil suits in Bangladesh are primarily governed by the Code of Civil Procedure, 1908 (CPC) and relevant substantive laws like the Contract Act, Transfer of Property Act, and Specific Relief Act.
When to File a Civil Suit
You should file a civil suit when:
- Your legal rights have been violated and cannot be settled privately.
- Negotiation or mediation has failed.
- You seek a binding judgment enforceable by law.
However, filing prematurely or in the wrong jurisdiction can result in dismissal or delay. Consulting a qualified lawyer early helps ensure your claim is properly framed and filed within the statutory limitation period.
Step-by-Step Process of Filing a Civil Suit in Bangladesh
1. Identify the Cause of Action
A civil suit must be based on a cause of action — the set of facts that gives you the legal right to sue. Examples include breach of contract, trespass, or non-payment of dues. Without a valid cause of action, the court will not accept your plaint.
2. Determine the Jurisdiction
Jurisdiction depends on:
- Territory: The area where the defendant resides or where the cause of action occurred.
- Value: The financial value of the claim determines whether the case will be filed in the Joint District Judge Court or Senior Assistant Judge Court.
- Subject Matter: Certain cases, like family or company matters, may fall under specialized tribunals.
Filing in the correct court is essential, as cases filed in the wrong jurisdiction are dismissed without trial.
3. Calculate the Limitation Period
Each civil cause of action has a limitation period under the Limitation Act, 1908. For instance:
- Breach of contract: 3 years from the date of breach.
- Property possession: 12 years.
- Money recovery: 3 years from the date the debt becomes due.
Missing the limitation deadline can bar you from filing altogether, so act promptly.
4. Drafting the Plaint
The plaint is the document that initiates a civil case. It should include:
- Names and addresses of parties.
- Statement of facts constituting the cause of action.
- Legal grounds and relief sought.
- Valuation and court-fee details.
- Signature and verification by the plaintiff.
A lawyer ensures your plaint meets the procedural requirements of Order VII of the CPC to avoid rejection or delays.
5. Payment of Court Fees
Each suit must be accompanied by the prescribed court fee, which depends on the case type and valuation. Under the Court Fees Act, the amount varies — for example, property suits and money recovery cases have ad-valorem (percentage-based) fees.
6. Filing the Case in the Appropriate Court
Once the plaint and supporting documents are ready, your lawyer files them at the filing section of the competent civil court. The court officer checks documents, stamps them, and registers the case with a unique number.
7. Issuance of Summons to Defendant
The court then issues a summons directing the defendant to appear and submit a written statement (defense) within a fixed time, usually 30 days. Summons are delivered through court bailiff, registered post, or occasionally through publication in a newspaper if the defendant cannot be traced.
8. Written Statement by the Defendant
The defendant must reply to each allegation, admit or deny the claims, and present their version of facts and legal arguments. Failure to submit a written statement can lead to an ex-parte decree against them.
9. Framing of Issues
After reviewing both sides’ pleadings, the court frames issues — specific questions of fact and law that must be determined during trial.
10. Evidence and Witness Examination
Each party then presents evidence to prove their case:
- Documentary evidence: contracts, deeds, receipts, letters, etc.
- Oral evidence: witness testimony under oath.
The opposing lawyer cross-examines witnesses to test credibility.
11. Final Hearing and Judgment
After evidence and arguments, the judge delivers a judgment — a written decision explaining the findings and reasons. Once pronounced, it is followed by a decree, which formally declares the outcome (for example, recovery of money, injunction, or declaration of ownership).
12. Execution of Decree
Winning a case is only part of the process. The decree must be executed to ensure compliance. Execution proceedings may involve attachment of property, sale of assets, or enforcement through court officers.
Important Documents Required
- Copy of National ID or passport of plaintiff.
- Title deeds or contracts (for property or commercial matters).
- Power of attorney if filed through an agent or lawyer.
- Proof of payments, receipts, or relevant correspondence.
- Supporting affidavits, witness lists, and valuation statements.
Average Duration of a Civil Suit
Civil cases in Bangladesh can take one to five years, depending on complexity, evidence, and appeals. Early case preparation, clear pleadings, and experienced legal representation can significantly reduce delays.
Possible Remedies Available in a Civil Suit
- Money Decree – Recovery of a specific sum.
- Declaration – Judicial recognition of a legal right.
- Injunction – Court order preventing or compelling an act.
- Possession or Partition – Recovery or division of property.
- Specific Performance – Enforcing contractual obligations.
Why You Should Hire a Lawyer
Although you can technically file a civil suit yourself, the process involves multiple procedural steps that can easily go wrong. A qualified lawyer:
- Frames your plaint correctly under the CPC.
- Ensures jurisdiction, valuation, and limitation compliance.
- Manages evidence and witnesses effectively.
- Maximizes the chances of obtaining a favorable decree.
Dewey & LeBoeuf’s legal team works closely with clients in Bangladesh and abroad to draft, file, and manage civil cases with strategic precision.
Common Mistakes to Avoid
- Filing in the wrong court or beyond limitation period.
- Submitting an incomplete or defective plaint.
- Failing to serve proper summons on the defendant.
- Lacking sufficient documentary evidence.
- Ignoring the execution stage after winning a case.
Early legal advice prevents these costly procedural errors.
FAQs on Filing a Civil Suit in Bangladesh
What is the minimum time to get a civil case resolved?
Simple money recovery or contractual cases can conclude within 12–18 months, while property or title disputes may take several years due to evidence and appeals.
Can a foreign national or Bangladeshi expatriate file a civil suit/case in Bangladesh?
Yes. Non-resident Bangladeshis and foreign nationals can file civil suits through a power of attorney or by appointing a local legal representative.
What happens if the defendant ignores the summons?
If the defendant fails to appear or file a written statement, the court may proceed ex parte, meaning judgment can be passed based solely on the plaintiff’s evidence.
Can I withdraw a civil suit after filing?
Yes. You may withdraw the case under Order XXIII of the CPC. In some cases, you can re-file it if allowed by the court.
Can the case be settled outside court?
Yes. The court may encourage settlement through mediation or compromise at any stage. Settlements are often quicker and less expensive.
Why Choose Dewey & LeBoeuf for Civil Litigation
Dewey & LeBoeuf combines international standards with deep knowledge of Bangladeshi civil procedure. Our team assists clients with:
- Drafting and filing plaints.
- Court representation and trial advocacy.
- Settlement negotiations and mediation.
- Decree enforcement and execution proceedings.
- Appeals and post-judgment strategy.
We focus on outcome-driven representation — minimizing risks while maximizing your chances of success.
Take the Next Step
If you need to file a civil suit in Bangladesh or respond to one, contact Dewey & LeBoeuf’s litigation team today. Our lawyers provide end-to-end support, from case evaluation to final decree execution, ensuring your rights are protected at every stage.
Book a consultation now to discuss your situation confidentially and receive tailored legal guidance for your case.
E-mail: info@deweyleboeuf.com
Phone: +971 58 690 9684
Address: 26B Street, Mirdif, Dubai, UAE