A STUDY ON DELAY OF CIVIL SUITS OF BANGLADESH

law

Delay of civil suits has become one of the tremendous social problems in Bangladesh. For delay of civil suits many people have been suffering years after years and many families have lost all of their properties and rich people become poor. It is crying need of justice is that it should be dispensed as quickly as possible. It is a well known proverb that, “justice delayed is justice denied”. However, delay in litigation is equally recognizable and though it may sound inconsistent, the fact remains that the very provisions of the Code, which are designed to facilitate smooth and speedy trial of cases, are misused and abused which causes delay in disposing cases indefinitely and ultimate success in the cause often proves erroneous. The result is understandable, that cases pile up and huge amount outstanding gather in all civil courts. As no law intends to augment difficulties, but to improve them; loopholes in law cannot be said to be only responsible for delay in disposal and increases number of civil suits but may be said to be responsible for expanding scope of workings which in fundamental nature, pressure the parties to take advantage of such workings with aim to cause delay in the disposal of civil suits. The present study tried to identify the existing loopholes, to find out the causes of delay of civil suits in Bangladesh, to identify the effects of delay of civil suits in the society of Bangladesh and to explore the difficulties arising out of technicalities and of intentional delays and practical barriers. The study was conducted in Bangladesh. The study was documentary analysis type. Data were collected from secondary sources. Secondary data were collected from books, research report, journal, internet, annual reports of Supreme Court of Bangladesh etc. From the study it was found that there are some reasons for delay of civil suits such as lack of good lawyers. The attitude of some of the lawyers is also to some extent responsible for delay. A lot of civil cases are accumulated in different courts of Bangladesh but insufficient number of judges to solve the cases. There are lacks of proper observation of the provisions of the Codes. A large number of civil cases that come before the Supreme Court cannot be concluded hastily due to interpretation of legislative enactment in question. Delay in proper investigation or inquiry in a litigation. There are varieties of laws on a particular issue. There are lacking office equipment and machinery. Witnesses are absent due to unreasonable causes or any cause. There are cumbersome execution procedures of decrees in civil cases. There is a lacking of utilization of modern technology in keeping records and documents. So there is an urgent need to moderate the present procedure of administration of civil justice. Moreover, procedure is the handmaid of justice; it is to be used so as to advance the cause of justice and not to thwart it.

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