Comprehensive and Detailed Research Article on the Code of Civil Procedure (Amendment) Ordinance, 2025 (Bangladesh) by Judge Nazmul Hasan..pdf

Essential analysis of Bangladesh's Code of Civil Procedure (Amendment) Ordinance, 2025. Highlights major reforms for judicial efficiency: digital summons, reduced adjournments, mandatory affidavits, and Government-backed execution to ensure justice, especially for the poor. A must-read for BJS aspirants and legal professionals.

1. Prepared by-Nazmul Hasan, Senior Judicial Magistrate at 11
th
BJS. (Prime Minister Gold Medalist)
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1
Senior Judicial Magistrate at 11
th
BJS.
Comprehensive and Detailed Research Article on the
Code of Civil Procedure (Amendment) Ordinance, 2025
(Bangladesh)
By-Judge Nazmul Hasan
1
The Code of Civil Procedure (Amendment) Ordinance, 2025 (Ordinance No. XVIII of
2025), effective from May 8, 2025, marks a watershed moment in the judicial reform
landscape of Bangladesh. This comprehensive set of amendments to the Code of Civil
Procedure (CPC), 1908, is a targeted response to the chronic issues of case backlogs,
procedural delays, and weak decree enforcement that have plagued the civil justice
system for decades. The overarching goal is to inject efficiency, accountability, and
modernity into the civil litigation process.
Part I: Detailed Analysis of the Recent Amendments
The Ordinance introduces far-reaching changes, focusing primarily on the
preliminary, trial, and execution stages of a civil suit.
A. Reforms in the Pleading and Pre-Trial Stage
1.Mandatory Affidavit of Facts in Plaint (New Sub-Section in Section 26):
oThe Change:The amendment mandates that the facts presented in every plaint must
besubstantiated by an affidavit. This elevates the plaintiff's initial statement from

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a mere assertion to a sworn testimony, requiring a higher degree of truthfulness and
commitment.
oOperational Impact:This "front-loading" of the evidentiary burden forces plaintiffs
and their advocates to conduct rigorous fact-checking and gather supporting
documentationbeforefiling. It is a powerful structural tool todeter frivolous and
speculative lawsuitsthat previously relied on vague or inflated claims, delaying
genuine cases.
2.Modernization of Summons Service and Identification (O. V, R. 9 and O. VII, R.
1):
oThe Change:Order V, Rule 9(3) now explicitly includesSMS, Voice Calls, and
Instant Messaging Services (e.g., WhatsApp, Messenger) as permissible
modes of service of summons, provided proof of delivery is recorded. Concurrently,
Order VII, Rule 1 now compels the inclusion of theNational Identity Card (NID)
number, phone number, and email address of both parties in the plaint.
oOperational Impact:This digital integration tackles the single largest cause of
procedural delay: the failure or evasion of summons service. Mandating NID details
ensures positive identification and reduces the scope for filing suits against fictitious
or wrongly named defendants, thereby streamlining the case initiation process.
3.Enhanced Penalty for Vexatious Litigation (Section 35A):
oThe Change:The maximum compensatory cost awardable by a court for a false or
vexatious claim has been increased from BDT 20,000 toBDT 50,000.
oOperational Impact: The increased financial penalty provides a stronger
disincentive against the abuse of process. This empowers the judiciary to protect
respondents from harassment and penalize unethical legal strategies more effectively.
B. Reforms in the Trial Stage

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1.Strict Limitation on Adjournments (O. XVII, R. 1):
oThe Change:The maximum number of adjournments a party is entitled to under Order
XVII, Rule 1(3) is drastically reduced from six tofour.
oOperational Impact:This institutionalizes a strict case management regime. It is a
direct assault on the culture of delay where repeated adjournments were used as a
dilatory tactic. This demands that both judges and advocates prioritize the efficient
scheduling and completion of evidence.
2.Affidavit-Based Examination-in-Chief (New O. XVIII, R. 4A):
oThe Change:The primary examination of a witness is now to be conducted through a
written affidavit. Oral testimony will be restricted to cross-examination and re-
examination.
oOperational Impact:This is a key measure for judicial efficiency. It saves considerable
court time currently spent on recording routine Examination-in-Chief and focuses the
court's attention on the contentious issues revealed during cross-examination.
3.Promoting Finality of Decisions (O. IX, R. 13):
oThe Change:A proviso is added to Order IX, Rule 13, prohibiting a defendant from
applying to set aside anex-partedecreemore than once.
oOperational Impact:This eliminates the practice of using successive applications to
set asideex-partedecrees as a mechanism to indefinitely postpone the trial, ensuring
greater finality to judicial proceedings.
C. Reforms in the Execution Stage
1.Government-Borne Subsistence for Detained Debtors (New O. XXI, R. 30A and
Repeal of S. 57):

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oThe Change:The obligation for the decree-holder to pay the subsistence allowance for
an arrested judgment-debtor isrepealed (S. 57)and shifted to theGovernment
(O. XXI, R. 30A).
oOperational Impact:This is arguably the most progressive social-justice-oriented
change. It removes a significant financial barrier to the execution of money decrees,
which previously protected wealthy but recalcitrant judgment-debtors from arrest if
the decree-holder could not afford the daily subsistence fee.
2.Empowering Courts for Execution Assistance (New Section 94A):
oThe Change:A new Section 94A grants the court the explicit power todirect
executive authorities, including law enforcement agencies, to assist in the
execution of any decree or order and to submit a compliance report.
oOperational Impact:This provides a statutory mandate for seeking state assistance. It
directly addresses the problem of resistance to execution, especially in cases involving
recovery of possession of property, where powerful parties often defy court orders.
The compliance report mechanism ensures judicial accountability over the executive
process.
Part II: How the Amendments Will Help the Poor Litigants
The new Ordinance directly addresses the economic and social barriers that typically
prevent the poor from accessing and utilizing the civil justice system.
1. Financial and Time Savings

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Mechanism
Benefit for Poor
Litigants
Detail
Reduced
Adjournments
(Max 4)
Massive
Reduction in
Indirect Costs
Each adjournment means another
day of lost wages, travel costs, and
additional lawyer's fees. Cutting the
maximum adjournments from six to
four and increasing efficiency
significantly reduces thede facto
cost of litigation, making it
affordable.
Digital
Summons (O.
V, R. 9)
Elimination
of "Service
Failure" Costs
Poor litigants often spend
disproportionate amounts of time
and money running after the serving
officer or paying repeated process
fees. Digital service, where
applicable, is cheaper, faster, and
more auditable.
Deterrent to
Harassment (S.
35A)
Protection
from
Vexatious
Lawsuits
The increased compensatory cost
acts as a check on wealthy
opponents who previously used
their deep pockets to file baseless
counter-suits or appeals, forcing

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BJS. (Prime Minister Gold Medalist)
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Mechanism
Benefit for Poor
Litigants
Detail
poor litigants into prolonged,
resource-draining battles.
2. Guaranteed Enforcement of Justice (The Core Benefit)
Mechanism
Benefit for
Poor Litigants
Detail
Government-Paid
Subsistence (O.
XXI, R. 30A)
Execution is
No Longer
Dependent
on Poverty
This removes the perverse
incentive where a judgment-
debtor could escape civil
imprisonment merely because the
successful, but poor, decree-holder
could not afford his jail expenses.
The state now underwrites the
enforcement mechanism, making
a successful decree a genuine
remedy for the poor.
Executive/Police
Assistance (S.
94A)
Leveling the
Playing Field
in Execution
For cases of property recovery
(eviction, possession), the poor are
most vulnerable to resistance from
local muscle or politically

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Mechanism
Benefit for
Poor Litigants
Detail
connected individuals. Section
94A ensures that the state’s
coercive power (police/executive)
is legally available to enforce a
court order, ensuring that justice
on paper becomes justice in
reality.
3. Procedural Justice and Certainty
The combination of themandatory affidavit (S. 26)and thelimit on setting
asideex-partedecrees (O. IX, R. 13)creates a more certain and predictable legal
environment. A poor person can be more confident that their genuine claim, once filed
properly, will proceed quickly and with fewer opportunities for their opponent to
derail the process through technicalities or delays.
PartIII:PointstobeRememberedbyCivilJudgesandAdvocates.
The success of these reforms hinges entirely on the active shift in culture and practice
by the two key actors in the courtroom.
A. For Civil Judges (The Bench)

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BJS. (Prime Minister Gold Medalist)
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Focus Area Mandatory Judicial Role Shifts
Adopting an
Active Case
Management
Role
The Judge's role must transition from a passive umpire
to anactive case manager. They must set strict
schedules for written statements, discovery, and
hearings, and enforce the four-adjournment limit
without compromise, except in extraordinary and
justifiable circumstances.
Rigorous
Scrutiny of
Pleadings
Judges must use theSection 26 Affidavitas a
powerful screening tool. If the affidavit is deficient, the
court should not hesitate to order its improvement or
even reject the plaint/issues if the defect is fundamental,
thereby killing frivolous litigation at the root.
Proactive Use of
Execution
Powers
Judges have an unprecedented power and responsibility
underSection 94A. They must be ready to issue direct
orders to District Commissioners, Superintendents of
Police, or other executive officers to ensure immediate
enforcement of decrees, especially for vulnerable
litigants.
Judicious Cost
Imposition
The enhanced penalty underSection 35Amust be
utilized. Imposing the BDT 50,000 cost on parties who
abuse the process is critical to creating a deterrent and
signaling a zero-tolerance policy for dilatory tactics.

9. Prepared by-Nazmul Hasan, Senior Judicial Magistrate at 11
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BJS. (Prime Minister Gold Medalist)
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B. For Advocates (The Bar)
Focus Area Mandatory Professional Shifts
Pre-Litigation
Diligence
The era of casually drafted plaints is over. Advocates must
becomeforensic in pre-suit preparation, securing all
essential facts and evidence to back the mandatory affidavit
under Section 26. A poorly drafted affidavit is equivalent
to poor examination-in-chief and will weaken the entire
case.
Digital
Acumen and
Compliance
Must strictly comply withOrder VII, Rule 1(NID,
mobile, email). Should proactively use the digital modes of
service underOrder V, Rule 9and maintain meticulous
records of electronic service, including screenshots or SMS
delivery reports, to prove valid service.
Trial Strategy
Mastery
Trial strategy shifts tomastery of cross-examination.
The examination-in-chief being on affidavit (O. XVIII, R.
4A) means court time must be used efficiently to challenge
opposing evidence.No more 'fishing expeditions'
under the guise of oral chief.
Execution
Advocacy
Advocates for decree-holders must be aggressive in
invokingSection 94Aand obtaining specific orders for

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Focus Area Mandatory Professional Shifts
executive assistance. They must be prepared to follow up
on compliance reports, making the execution process a
central part of their professional duty, not an afterthought.
In conclusion, the Code of Civil Procedure (Amendment) Ordinance, 2025, is not
just a set of minor tweaks; it is a fundamental shift towards a modern, time-bound,
and enforcement-focused civil justice system. Its success, however, rests on the
collective will of the legal community in Bangladesh to embrace these new rules,
moving away from a culture of delay to one of disciplined and expedient justice
delivery.

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About the Author
Nazmul Hasan
Senior Judicial Magistrate.
Professional Highlights
Senior Assistant Judge / Senior Judicial Magistrate, 11
th
Bangladesh Judicial
Service (BJS)
Merit Position: 7
th
in the 11
th
BJS

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Academic Qualifications
LL.B. (Hons.)– First Class First, University of Rajshahi
LL.M.– First Class, University of Rajshahi
Honors & Achievements
Prime Minister Gold Medalist– 2017
Agrani Bank Gold Medalistfor Academic Excellence – 2023

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