For a long time there were discussions related to amendments of the Code of Civil Procedure 1908, specially to reduce the time-consuming aspect of conducting litigation in Bangladesh. Finally we have the amendment. The Code of Civil Procedure (Amendment) Ordinance, 2025 (Ordinance No. XVIII of 2025), gazetted and effective from May 8, 2025, introduces significant modifications to the Code of Civil Procedure, 1908.
Key Amendments and Their Operational Impact
The Ordinance introduces several crucial changes:
A landmark amendment to Section 26 of the Code now mandates that “In every plaint, facts shall be proved by affidavit.” This front-loads the evidentiary burden, requiring plaintiffs to substantiate claims with sworn statements from the outset. This change, aimed at deterring frivolous lawsuits, necessitates more rigorous pre-litigation fact-gathering by parties.
The maximum compensatory costs for false or vexatious claims under Section 35A of the Code have been increased from “twenty” to “fifty” thousand Taka, offering a stronger deterrent against unmeritorious litigation tactics.
Provisions concerning the arrest of judgment-debtors have been refined. Section 56 of the Code now limits protection from arrest in execution of money decrees to “an old, infirm, pregnant or breast-feeding woman,” narrowing the previous broader exemption for “a woman.” Concurrently, Section 57 of the Code (regarding subsistence allowance for detained judgment-debtors) is repealed. The new Rule 30A of Order XXI shifts the financial burden of such subsistence from the decree-holder to the Government, representing a significant operational shift in the enforcement of money decrees.
A critical addition is Section 94A to the Code, empowering courts to direct executive authorities, including law enforcement agencies, to assist in executing decrees and orders, with a requirement for compliance reports. This offers a more robust statutory basis for seeking state assistance in enforcement, a welcome development for decree-holders.
Technological integration is evident in the amendment to Order V, Rule 9, Sub-rule (3) of the Code, which now includes “Short Message Service, Voice Calls, Instant Messaging Services” as permissible means for service of summons, provided proof of service is recorded. This modernisation could expedite initial litigation stages but will require careful implementation and judicial oversight. Furthermore, Order VII, Rule 1 of the Code now mandates the inclusion of phone/mobile numbers, National Identity Card (NID) details, and email addresses of plaintiffs and defendants in plaints, aiming to improve party identification and communication.
Accelerating Trials and Ensuring Finality
The Ordinance actively seeks to expedite legal proceedings:
Order IX, Rule 13 of the Code is amended with a proviso that a decree shall not be set aside ex-parte more than once at the instance of the same defendant, thereby curbing dilatory practices.
Similarly, the maximum number of adjournments a party is entitled to under Order XVII, Rule 1, Sub-rule (3) of the Code is reduced from “six” to “four,” enforcing stricter case management.
A significant procedural innovation is the introduction of Order XVIII, Rule 4A in the Code, which provides for examination-in-chief on affidavit. Facts in plaints or written statements need not be orally reiterated; instead, examination-in-chief will be conducted via affidavit, followed by cross-examination. This, alongside the Section 26 amendment, institutionalises affidavit evidence to save court time.
Strengthening Decree Execution
The amendments place considerable emphasis on strengthening the enforcement of decrees, particularly money decrees:
The new Rule 30A in Order XXI of the Code provides for the detention of a judgment-debtor in civil prison for up to six months for unpaid decretal amounts, with the Government bearing subsistence costs. This rule includes provisions for release on partial payment and furnishing a bond, but also for re-arrest upon default. However, a judgment-debtor cannot be re-arrested for the same decree after serving a full term. This provides decree-holders with a stronger coercive tool. The repeal of Rule 39 of Order XXI (which previously required the decree-holder to pay subsistence allowance) aligns with this change.
Further bolstering execution, the new Rule 104 in Order XXI of the Code allows for “Direct execution of decree.” Courts can now receive execution applications within the suit record and order immediate execution. If resistance occurs, the court can direct law enforcement to place the decree-holder or purchaser in possession, streamlining the often-challenging enforcement phase.
Appellate procedures are also tightened. A proviso to Order XLI, Rule 21 of the Code states that an appeal dismissed for default or decided ex-parte shall not be re-heard more than once. Order XLI, Rule 30 of the Code is amended to allow the Appellate Court to pronounce judgment on merits if parties fail to appear but the record is sufficient, preventing appeals from languishing.
Concluding Remarks
The Code of Civil Procedure (Amendment) Ordinance, 2025, signals a clear intent to create a more efficient and accountable civil justice system in Bangladesh. While its full impact will depend on judicial application and interpretation, businesses and their legal advisors must proactively adapt their litigation strategies to these procedural reforms to effectively protect their interests.