Causes of Procedural and Non-Procedural Delay in Civil Suites of Bangladesh and its Remedies

LAW

The code of civil procedure 1908 is an incomplete law .It can't be applicable alone. It needs help to take help from other laws such as Civil courts act 1887, Stamp act, Limitation act , and so on . The problem of delay is an old phenomenon. The problem is complex and its causes are multiple and various. No single component can satisfactorily explain delays in disposal of cases. Except for variations in degree, many causes have been commonly identified in the research work. The uncommon minor causes are not discussed herein and I was within the boundary of common causes of delay in disposing the Civil suits. The procedure to get justice is a lengthy process. Justice Lyer rightly says “Delayed justice is the means of inflicting injustice through the process of Law .An English proverb goes thus: a friend in need is a friend indeed . The judiciary is such a friend for the sufferer but this organ of the government fails to fulfill such purposes for which Judiciary is formed. There some reasons inveterate in judiciary as obstructions to dispose the civil suits. Property affected access to justice is one of the Fundamental conditions for the establishment of the Rule of law in our society specially for Bangladesh "Justice and access to justice are two different things .Sometimes Justice is said to be the goal and access to justice is the means to that goal. The Bangladesh Civil Justice system is based on British pattern and continues to operate under the 1908 Civil Procedure Code. This Code indicates various stages in the litigation process. Some amendments have been integrated to quicken the process to avoid long and unnecessary delay. Those amendments must be efficiently followed and implemented. The Law Commission ought to consider whether further amendment is necessary.

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