by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A civil appeal is a challenge to a decree or order of a civil court before a higher court. The appeal memo is the document that initiates the appeal — it sets out the grounds of appeal and the relief sought. A well-drafted appeal memo is essential for a successful civil appeal. TRW — Tahmidur Rahman Remura Wahid Law Associates drafts appeal memos with the same rigour and attention to detail as plaints.
Legal Framework for Civil Appeals
Civil appeals in Bangladesh are governed by Sections 96-112 of the CPC and Order 41. Section 96 provides for appeals from original decrees. Section 100 provides for second appeals on questions of law. Section 104 provides for appeals from orders. The appeal must be filed before the appropriate appellate court within the prescribed limitation period, accompanied by a certified copy of the decree or order appealed against.
The grounds of appeal in a civil case include: the decree is against the weight of evidence; the court misapplied the law; the court failed to consider relevant evidence; the court's findings of fact are perverse; the court's assessment of damages is excessive or inadequate; and the court's order on costs is unjust.
Stay of Decree Pending Appeal
When a civil appeal is filed, TRW applies for a stay of execution of the decree pending the hearing of the appeal. Without a stay, the decree holder can proceed to execute the decree even while the appeal is pending. TRW prepares a comprehensive stay application, showing that the appeal raises serious questions of law and that the balance of convenience favours a stay. The court has discretion to grant or refuse a stay, and may impose conditions (such as deposit of the decretal amount).
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's civil litigation team draft appeal memos and argue civil appeals before the District Court and the High Court Division. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: What is the time limit for filing a civil appeal?
A: Generally 30 days from the date of the decree for appeals to the District Court, and 90 days for appeals to the High Court Division.
Q: Can I appeal against an ex parte decree?
A: Yes. An ex parte decree can be challenged by appeal or by an application to set aside the ex parte decree under Order 9, Rule 13 of the CPC.
Q: What is a second appeal?
A: A second appeal under Section 100 of the CPC lies to the High Court Division on a substantial question of law.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A civil revision under Section 115 of the CPC is an application to the High Court Division to examine the legality and propriety of an order passed by a subordinate civil court. It is a powerful remedy for correcting errors of law and jurisdiction without the expense and delay of a full appeal. TRW — Tahmidur Rahman Remura Wahid Law Associates files civil revisions before the High Court Division with precision and legal expertise.
Legal Basis for Civil Revision
Section 115 of the CPC empowers the High Court Division to call for the record of any case decided by a subordinate court and to revise the order if the subordinate court has: exercised jurisdiction not vested in it by law; failed to exercise jurisdiction vested in it; or acted in the exercise of its jurisdiction illegally or with material irregularity. The revisional jurisdiction under Section 115 is supervisory in nature — it is not a re-hearing of the case on merits, but a correction of legal errors.
The key distinction between revision and appeal is important. An appeal is available against a decree (final order). A revision is available against an order (interlocutory order) that is not a decree. TRW advises on whether the appropriate remedy is revision or appeal in each case.
Common Grounds for Civil Revision
TRW files civil revisions on the following common grounds. The lower court rejected the plaint without proper grounds. The lower court refused to grant a temporary injunction despite a strong prima facie case. The lower court passed an ex parte order without proper service of summons. The lower court refused to allow a necessary amendment. The lower court wrongly rejected a document as inadmissible. The lower court's order on a preliminary issue is legally incorrect. TRW identifies the most compelling grounds for revision and presents them concisely to the High Court.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's High Court team file civil revisions before the High Court Division. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: What is the time limit for filing a civil revision?
A: Generally 90 days from the date of the order, subject to the Limitation Act 1908.
Q: Can I get a stay of the lower court proceedings while the revision is pending?
A: Yes. TRW applies for a stay of the lower court proceedings simultaneously with the revision petition.
Q: Is there a difference between civil revision and civil appeal?
A: Yes. A revision is against an order; an appeal is against a decree. A revision is supervisory; an appeal is a re-hearing on merits.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Winning a court case is only half the battle — the other half is enforcing the judgment. In Bangladesh, a court decree is enforced through an execution case filed before the execution court. TRW — Tahmidur Rahman Remura Wahid Law Associates handles execution cases with the same vigour as the original suit, ensuring that clients actually receive the benefit of their court victory.
Legal Framework for Execution
Execution of decrees in Bangladesh is governed by Order 21 of the CPC, which contains detailed provisions on the methods of execution, the procedure for filing an execution case, and the remedies available to the decree holder. The execution court has wide powers to enforce decrees, including: attachment and sale of the judgment debtor's property; arrest and detention of the judgment debtor; appointment of a receiver; and delivery of possession of property.
The execution case must be filed before the court that passed the decree or the court to which the decree has been transferred. The limitation period for filing an execution case is 12 years from the date of the decree.
Methods of Execution
TRW uses the following methods of execution depending on the nature of the decree and the judgment debtor's assets. Attachment and sale of movable property: the court attaches the judgment debtor's movable property (bank accounts, vehicles, goods) and orders its sale. Attachment and sale of immovable property: the court attaches the judgment debtor's land or buildings and orders their sale. Arrest and detention: in cases of money decrees, the court can order the arrest and detention of the judgment debtor in civil prison for up to 6 months. Delivery of possession: in cases involving property, the court orders the delivery of possession to the decree holder. See our guide on property cases in Bangladesh.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's civil litigation team handle execution cases across Bangladesh. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How long does an execution case take in Bangladesh?
A: Execution cases vary in duration. Simple cases (bank account attachment) can be resolved quickly. Complex cases involving property sales may take longer.
Q: Can I execute a decree against a company?
A: Yes. A decree can be executed against a company's assets, including its bank accounts, movable property, and immovable property.
Q: What if the judgment debtor has no assets?
A: TRW investigates the judgment debtor's assets before filing the execution case and advises on the most effective method of execution.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
An amendment petition is an application to the civil court for permission to amend a plaint, written statement, or other pleading. Amendments are sometimes necessary to correct errors, add new facts, include additional relief, or respond to new developments in the case. TRW — Tahmidur Rahman Remura Wahid Law Associates files amendment petitions at all stages of civil proceedings, ensuring that the client's case is always presented in the most accurate and complete form.
Legal Basis for Amendments
Amendments to pleadings are governed by Order 6, Rule 17 of the CPC, which provides that the court may at any stage of the proceedings allow either party to alter or amend their pleadings in such manner and on such terms as may be just, provided that the amendment does not cause injustice to the other side that cannot be compensated by costs. The court has wide discretion to allow or refuse amendments, and the general principle is that amendments should be allowed if they are necessary for the determination of the real questions in controversy between the parties.
However, amendments that introduce a new cause of action after the limitation period has expired, or that fundamentally change the nature of the suit, are generally not allowed. TRW advises on the timing and scope of amendments to maximise the chances of the court granting permission.
Common Situations Where Amendments Are Needed
Amendments are commonly needed in the following situations. The plaint contains a factual error that needs to be corrected. New facts have come to light that need to be included in the pleadings. The plaintiff wishes to add a new head of relief. The defendant wishes to add a new defence or counterclaim. The description of the property in the plaint is incorrect. The name of a party needs to be corrected. TRW advises on whether an amendment is necessary and prepares the amendment petition and the amended pleading.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's civil litigation team file amendment petitions at all stages of civil proceedings. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can I amend my plaint after the trial has started?
A: Yes, but the court is more cautious about allowing amendments at a late stage. TRW advises on the timing of amendments.
Q: Does the other party have to be heard before an amendment is allowed?
A: Yes. The court generally gives the other party an opportunity to object to the proposed amendment.
Q: Can an amendment introduce a new cause of action?
A: Generally not, if the limitation period for the new cause of action has expired.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A local inspection petition is an application to the civil court for the appointment of a commissioner to inspect a property or premises that is the subject of a dispute. The commissioner's report provides the court with an independent assessment of the property's condition, boundaries, and possession — evidence that is often decisive in property cases. TRW — Tahmidur Rahman Remura Wahid Law Associates files local inspection petitions and manages the inspection process to maximise the evidentiary value of the commissioner's report.
Legal Basis for Local Inspection
Local inspection is authorised by Order 26 of the CPC, which empowers the court to appoint a commissioner to make a local investigation for the purpose of elucidating any matter in dispute. The commissioner inspects the property, records observations, takes measurements, and prepares a report for the court. The report is filed as evidence in the case and can be challenged by either party. The court gives appropriate weight to the commissioner's report in its final judgment.
Local inspection is particularly important in property cases where the boundaries of the land are disputed, where the condition of the property is relevant, or where possession is in dispute. TRW files local inspection petitions at the appropriate stage of the case and ensures that TRW's advocate is present during the inspection to protect the client's interests.
How TRW Manages the Local Inspection Process
TRW's management of the local inspection process includes the following steps. Petition drafting: TRW drafts a detailed petition identifying the specific issues to be investigated and the questions to be answered by the commissioner. Commissioner selection: TRW may suggest the appointment of a specific commissioner with relevant expertise. Inspection attendance: TRW's advocate attends the inspection and ensures that the client's version of events is properly presented to the commissioner. Report review: TRW reviews the commissioner's report carefully and files written objections if the report is unfavourable or inaccurate. Examination: TRW examines or cross-examines the commissioner in court if necessary.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's civil litigation team manage local inspections in property cases across Bangladesh. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Who pays for the local inspection?
A: The party applying for the local inspection generally pays the commissioner's fees, subject to the court's order on costs at the end of the case.
Q: Can I challenge the commissioner's report?
A: Yes. TRW files written objections to the commissioner's report and, if necessary, examines the commissioner in court.
Q: Is the commissioner's report binding on the court?
A: No. The commissioner's report is evidence, but the court is not bound by it and may accept or reject it in whole or in part.
