by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A partition suit is a civil suit filed by a co-owner of property to obtain their share of the jointly owned property. In Bangladesh, partition suits are extremely common, particularly in family property disputes where inherited land has not been formally divided among heirs. TRW — Tahmidur Rahman Remura Wahid Law Associates handles partition suits with expertise in both the legal and practical aspects of property division.
Legal Basis for Partition
The right to partition in Bangladesh is governed by the Partition Act 1893 and the personal laws applicable to the parties. For Muslims, the Islamic law of inheritance (as applied by Bangladesh courts) determines the shares of each heir. For Hindus, the Hindu law of partition applies. The Partition Act 1893 provides the procedural framework for partition suits. Section 4 of the Partition Act allows a co-sharer to apply for partition by sale if physical division is not possible.
The State Acquisition and Tenancy Act 1950 also contains provisions on partition of agricultural land. TRW advises on the applicable law and the appropriate procedure for each partition case.
The Partition Suit Process
The partition suit process involves the following steps. TRW files a plaint before the appropriate civil court, identifying the property to be partitioned, the parties' shares, and the relief sought. The court issues summons to all co-sharers. TRW files a local inspection petition to have the property inspected and measured by a commissioner. The court determines the shares of each party and passes a preliminary decree for partition. A final decree is then passed specifying the exact portion of the property allotted to each party. If physical division is not possible, the court may order a sale and distribution of the proceeds. See our guide on property cases in Bangladesh.
Pre-Emption Rights
In Bangladesh, a co-sharer has the right of pre-emption — the right to purchase another co-sharer's share if it is sold to an outsider. Pre-emption cases must be filed within a strict limitation period. TRW advises co-sharers on their pre-emption rights and files pre-emption cases promptly when a co-sharer's share is sold without notice.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's property litigation team handle partition suits across Bangladesh. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can a partition suit be filed even if one co-sharer refuses to agree to partition?
A: Yes. Any co-sharer can file a partition suit without the consent of the other co-sharers.
Q: How long does a partition suit take in Bangladesh?
A: Partition suits can take 2-5 years in the lower courts. TRW advises on strategies to expedite the proceedings.
Q: Can I get my share of the property before the final decree?
A: TRW can apply for interim relief, including a local inspection and a preliminary decree, to establish the parties' shares at an early stage.
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.
