২০১২ সালে (Act No.36)দ্বারা Civil procedure Code-এ কিছু সংশোধনী এসেছে । সংশোধণী গুলোর মূল কথা গুলো আমি এখানে পোষ্ট করে দিচ্ছি----তারপরে ও আগ্রহীরা মূল আইনটি আবশ্য-ই পড়ে নিবেন।
The parliament of Bangladesh, by amending CPC through the Act No. 36 of 2012, makes procedure for easy disposal of civil suits in the earliest possible time. The changes imparted by the amendment of CPC may be tinted as hereunder:
1. Compulsory mediation ( U/S- 89 A);
2. Summons may even be served through courier service, e-mail, fax message (U/O-V);
3. Pleadings not to be amended after trail is commenced (O-vi,R.17)
4. Shorter time has been fixed for submission of written statement (U/O. viii)
5. Amendment in relation to time for plaintiff ‘to apply for service of fresh summons’
6. Amendment in relation to framing of issue (U/O-xiv)
Amendment in relation to mediation (U/S- 89 A)
After the submission of the written statement, the court shall, by adjourning the hearing, mediate in order to settle the dispute. So, here the use of ‘shall’ instead of ‘may’ makes the court bound to refer the case for mediation. And within ten (10) days from the date of reference, the parties shall inform the court whom they have appointed as mediator and if the parties fail to appoint the mediator during that time, the court shall appoint a mediator from the panel of mediators and the mediation process shall have to be completed within 60(sixty) days from the date on which the court is so informed, or the mediator is appointed. The court, however, has right to extend the said period of sixty (60) days to another more thirty (30) days in an appropriate case.
After the mediator has submitted the report of mediation to the court, if it happens that the result of such mediation is compromise of the dispute, the term of such compromise shall be reduced into writing in the form of an agreement bearing signatures of the parties and of the witnesses. And the court, shall, within seven (7) days from the date of receiving of the said report, pass an order or a decree.
It is worth mentioning here that, the mediation process as described in the Code of civil procedure shall have its application on appeal as well. By inserting a new provision namely S. 89(D), now the appellate court is also directed to take initiative for making the amicable settlement of dispute through mediation.
Different modes of service of summons ( U/O-v)
When a suit is instituted, the practice is that the summons is served by the court officer to give opportunity the defendant to appear before the court to establish his case and defend himself. The changes brought by the amendment regarding service of summons, however, in bold marks are as follows-
a) After the institution of the suit, the summons shall have to be issued by the court officer to the defendant within five working days from the date of filing the suit. The failure of which shall render the court officer liable for misconduct;
b) Now it is even possible to serve the summons to the defendant even by courier service as enlisted by the concerned district judge. Not only it, the summons are now possible to be served through fax massage or e-mail service in addition to the usual serving system;
c) After the summons is received by the serving court officer or concerned courier service agent, it shall be served within thirty (30) days from the date of receipt thereof;
d) in addition to the usual mode of service, the court may, even on the application of the plaintiff, permit him(plaintiff) to effect service of summons on the defendant;
e) when the defendant, after tendering the summons on him, refuses to receive it or to sign an acknowledgement of service or evades the receipt of the summons, the court shall re-issue the same; and after compliance of the procedure strictly as discussed here above, the court shall proceed for causing it to be publicly served through newspaper circulation;
f) Now it is upon the subjective satisfaction of the court to deem when the summons has been duly served. In other words, if the court is satisfied that the summons has been duly served, it shall be deemed that the summons has been served duly.
Amendment of pleadings not to be allowed after the commencement of trial (O-vi,R.17)
Previously, the court could, at any stage, of the proceeding allow either party to alter or amend his pleadings, but now the court shall not allow it to happen after trial has actually commenced, unless the court is of the opinion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. The court is now also entitled to order payment of compensation to the other party, if it is satisfied that the application for amendment of pleadings has been made to delay the proceeding.
Amendment in relation to service of written statement (U/O. viii)
After the service of summons, the defendant is to present the written statement to support his case within 30 days. The court , however, is authorized to extend that period to 30 more days(but shall not exceed 60 days altogether), if it finds any reasonable cause for doing so. If the defendant fails to file written statement by the said 60 days, the court shall dispose of the case ex-parte.
Amendment in relation to time for plaintiff to apply for service of fresh summons
When after the service of the summons, it returns to the court unserved, but the plaintiff fails to apply for the issue of a fresh summons for a period of one month (previously three months) from the date of the return made to the court, the court shall make an order for its dismissal after considering various aspects and being satisfied that the suit should be dismissed.
Amendment in relation to framing of issue (U/O-xiv)
Where the court is of the opinion that the issue cannot be correctly framed without the examination of some other persons, previously the court might adjourn the framing of the issue to a future day, but now the court may adjourn the framing of the issues to a day not later than fifteen days.
