Modernizing Civil Litigation in Bangladesh: A Detailed Review of the 2025 CPC Amendment
Abstract
The legal system of Bangladesh has long been criticized for procedural delays, inefficiency, and an overwhelming backlog of cases. As of September 2023, over four million civil cases were pending across various courts in the country. To address these challenges, the Government of Bangladesh promulgated the Code of Civil Procedure (Amendment) Ordinance, 2025. This landmark ordinance introduces a series of reforms aimed at modernizing civil litigation by embracing digital technologies, reducing scope for procedural abuse, and streamlining the litigation process.
This article provides a comprehensive review of the amendments in light of their legal significance, expected impact, and implementation challenges.
Digitalization of Summons Delivery
One of the most transformative provisions of the 2025 amendment is the change brought to Order V Rule 9(3).
Courts are now authorized to serve summons through modern electronic means, including SMS, voice calls, email, and instant messaging platforms like WhatsApp and Messenger[1].
Previously, summons delivery was dependent on personal service or registered post, which frequently resulted in delays, lost notices, and abuse of the service process. With the new mechanism in place, litigants are expected to receive timely notifications, reducing the number of adjournments caused by non-service.
This shift aligns Bangladesh with global trends toward e-litigation and is a significant step toward the digitization of judicial communication.
Mandatory Inclusion of Contact Information
To support the implementation of digital summons delivery, Order VII Rule 1 has been amended.
Plaintiffs are now required to provide their mobile number, National Identity Card (NID) number, and, where applicable, an email address[2]. Defendants’ contact details are also required to be included in the plaint or supplied as early as possible. This mandatory disclosure facilitates efficient service of process and helps courts verify litigant identities.
However, there are concerns about data privacy, as the judiciary must now manage and protect the digital identifiers of millions of litigants. Therefore, robust data protection protocols must be instituted to prevent misuse or unauthorized access.
Limiting Adjournments to Curb Delay
The abuse of adjournments has been a significant contributor to delays in civil litigation. Previously, courts could grant up to six adjournments, which often led to deliberate procrastination by litigants.
The amendment to Order XVII now limits adjournments to a maximum of four[3]. This change imposes a stricter timeline for case management and signals the judiciary’s intention to discourage delay tactics. It also reinforces the judiciary’s role in ensuring swift justice. Nevertheless, exceptions must still be made for legitimate emergencies, and judicial discretion will play a crucial role in enforcing this provision without compromising fairness.
Affidavit-Based Examination-in-Chief
Traditionally, examination-in-chief in civil suits was conducted orally in court, consuming considerable judicial time. The newly inserted Order XVIII Rule 4A allows litigants to submit their statements through affidavits[4].
This innovation brings several benefits: it reduces court time, decreases pressure on witnesses, and allows for better documentation of testimony. Cross-examination and re-examination, however, will still be conducted orally to preserve the adversarial nature of civil trials. While the use of affidavits is common in many jurisdictions, its success in Bangladesh will depend on judges’ ability to evaluate written testimony critically and detect inconsistencies.
Streamlining Execution of Decrees
Another critical change involves the insertion of Rule 104 to Order XXI. This provision allows for execution orders to be included in the original civil judgment, eliminating the need to initiate a separate execution suit[5].
This reform is particularly impactful in cases involving money decrees or eviction orders, where delays in execution often negate the value of a judgment. By treating decree execution as part of the initial proceedings, the amendment promotes judicial efficiency and reduces the burden on litigants.
However, complex execution matters may still require separate proceedings in certain circumstances.
Raising Penalties for Frivolous Litigation
To discourage abuse of judicial resources, the amendment raises the penalty under Section 35A of the CPC. Courts may now impose a fine of up to BDT 50,000 on parties who file false or vexatious claims[6].
This is a significant increase from the previous cap of BDT 20,000. The enhanced penalty is expected to deter litigants from bringing meritless cases or attempting to harass opponents through legal processes. It also strengthens the court’s ability to penalize unethical legal strategies.
However, care must be taken to distinguish between frivolous litigation and genuine legal disputes that may be weak on merit but pursued in good faith.
Repeal of Discriminatory Provisions
The repeal of Section 57, which previously allowed the government to fix subsistence allowances for judgment-debtors based on factors such as rank, race, or nationality, is a progressive move[7].
This provision was inconsistent with Article 27 of the Constitution of Bangladesh, which guarantees equality before the law. Its abolition removes a discriminatory relic from the statute book and aligns civil procedure with constitutional values and international human rights standards.
Comparative Perspective and Global Practices
The reforms introduced by the 2025 ordinance echo similar measures adopted in other jurisdictions. In India, for instance, affidavit-based evidence and limits on adjournments have been in practice since the 2002 amendments to the Indian CPC[8]. The United Kingdom and Australia have also digitized court communications and streamlined evidence procedures[9].
These international parallels demonstrate that Bangladesh’s legal reforms are not only necessary but also in line with global best practices. Lessons from these countries may help Bangladeshi courts avoid pitfalls during implementation.
Challenges in Implementation
Despite the positive intentions behind the amendment, implementation will face several hurdles.
First, digital infrastructure in lower courts remains inadequate, particularly in rural areas.
Second, judges, lawyers, and court staff will require training on using digital platforms, managing electronic evidence, and applying the revised procedural rules.
Third, there may be resistance from litigants or practitioners accustomed to traditional methods.
Finally, ensuring data protection and cybersecurity will be essential, especially as courts begin handling sensitive information online.
These reforms are anticipated to significantly reduce the backlog of civil cases, which stood at over 4 million as of September 2023[10]. By embracing digital communication, limiting procedural delays, and streamlining case execution, the judiciary aims to provide faster and more efficient justice. Legal commentators have largely welcomed the changes, pointing to similar reforms in jurisdictions like India and the UK that resulted in faster dispute resolution[11].
Conclusion
The Code of Civil Procedure (Amendment) Ordinance, 2025 marks a significant shift in the administration of civil justice in Bangladesh.
By addressing systemic inefficiencies and integrating digital technologies into legal procedures, the amendment seeks to ensure faster, fairer, and more accessible justice. While the road to full implementation will be complex, the amendment reflects a clear commitment to reform and offers a blueprint for modernizing the legal system. It is now up to the judiciary, the bar, and civil society to translate these statutory changes into meaningful improvements on the ground.
Author: Faiyaz Ahmed Pantho; Advocate, District & Session Judge Court, Dhaka. Email: faiyazahmedpantho@gmail.com
[1] Code of Civil Procedure (Amendment) Ordinance 2025, art 3; amending CPC Order V r 9(3).
[2] ibid art 2; amending CPC Order VII r 1.
[3] ibid art 4; amending CPC Order XVII.
[4] ibid art 5; inserting CPC Order XVIII r 4A.
[5] ibid art 6; inserting CPC Order XXI r 104.
[6] ibid art 7; amending CPC s 35A.
[7] ibid art 8; repealing CPC s 57.
[8] The Code of Civil Procedure (Amendment) Act 2002 (India).
[9] Civil Procedure Rules 1998 (UK); Federal Court Rules 2011 (Australia).
[10] ‘Reforms Initiative to Speed Up Civil Case Disposal Welcome’ New Age (Dhaka, 14 April 2025) https://www.newagebd.net/article/262638 accessed 26 May 2025.
[11] ‘Reviewing the Proposed Reforms to the Civil Procedural Law’ The Daily Star (Dhaka, 18 April 2025) https://www.thedailystar.net/law-our-rights/news/reviewing-the-proposed-reforms-the-civil-procedural-law-3879736 accessed 26 May 2025.
