TRW Insight / Bangladesh
A civil appeal turns on the forum, the deadline and the grounds in the memorandum, not only the merits. Valuation decides the court, limitation runs from the decree, filing does not stay execution and there is no second appeal, so the first thirty days decide most appeals.
Civil appeal Bangladesh: forum, limitation and the appeal memo
A civil appeal Bangladesh litigants file today is decided long before the hearing. It is decided by the forum chosen, the date on which the memorandum reaches the court, the precision of the grounds and whether execution of the decree was stayed in time. Lose any of those and the merits rarely get a fair look. An appeal is a statutory right, not an inherent one, and the statute is strict about where it lies, when it must be filed and what the memorandum must contain.
This guide is for parties who have just lost, or just won, a civil suit. It covers the first appeal under section 96 of the Code of Civil Procedure 1908, the forum rule, the abolition of second appeals, Order XLI procedure, limitation under articles 152 and 156 of the Limitation Act 1908, stay of execution, cross-objections, revision under section 115 and leave under article 103 of the Constitution, as amended to 2026.

Summary: A first appeal from a civil decree lies to the District Judge where the original suit was valued at up to Tk 5 crore and to the High Court Division above that, or where the decree was passed by a District Judge or Additional District Judge. The appeal must be filed within thirty days before the District Judge and ninety days before the High Court Division, it does not stay execution on its own, and there is no second appeal. Further challenge runs through civil revision and, with leave, the Appellate Division.
Key point: Filing a memorandum of appeal does not suspend the decree. Unless the appellant separately obtains a stay under Order XLI rule 5, showing substantial loss, no unreasonable delay and security, the decree-holder may execute while the appeal waits for a hearing.
At a glance
Right of appeal
Section 96 allows an appeal from every original decree, including an ex parte decree, but never from a consent decree.
Forum by value
Appeals from a Joint District Judge go to the District Judge up to Tk 5 crore and to the High Court Division above it.
Thirty or ninety days
Article 152 gives thirty days for a District Judge appeal; article 156 gives ninety days for a High Court Division appeal.
No automatic stay
Order XLI rule 5 requires a separate application, proof of substantial loss and security before execution is stayed.
Beyond the first appeal
Second appeals were abolished in 1978; revision under section 115 and leave under article 103 are the routes that remain.
Table of Contents
Civil appeal Bangladesh: the legal framework in 2026
The Code of Civil Procedure creates the right of appeal and, through Order XLI, the procedure. The Civil Courts Act 1887 decides the forum, the Limitation Act the time and the Court-fees Act 1870 the price. Special statutes, notably the Commercial Courts Act 2026 and the Artha Rin Adalat Ain 2003, displace the general scheme for their disputes.
The right of appeal is statutory
Section 96(1) provides that, unless the Code or another law says otherwise, an appeal lies from every decree passed by a court exercising original jurisdiction to the court authorised to hear its appeals. Section 96(2) confirms that an ex parte decree is appealable, and section 96(3) bars any appeal from a decree passed with the consent of the parties.[2] Interlocutory orders are different. Section 104 allows appeals only from orders the Code expressly lists, and Order XLIII rule 1 sets out that list.[2] [6] If an order is not on it, the remedy is revision, not appeal.
What changed in 2025 and 2026
The Code of Civil Procedure (Amendment) Act 2026 (Act No. XXXVI of 2026), effective from 8 May 2025, made three targeted changes to Order XLI. An appeal heard ex parte may now be re-heard under rule 21 only once. Under rule 24, where the evidence on record is sufficient, the appellate court "shall", not "may", finally determine the suit. A new rule 30(2) lets the court pronounce judgment on the merits even when neither party appears, if the record is sufficient.[6] Appellate courts are expected to decide, not remand.
The Civil Courts (Amendment) Act 2026 (Act No. 12 of 2026), effective from 2 November 2025, renamed Assistant Judges and Senior Assistant Judges as Civil Judges and Senior Civil Judges in the appeal provisions. It did not alter the Tk 5 crore appellate threshold, which was set by the Civil Courts (Amendment) Act 2021.[1]
Why the timetable is unforgiving
The Law Minister, Md Asaduzzaman, said in July 2026 that 101,168 civil cases were pending in the High Court Division and 21,652 in the Appellate Division as of 31 March 2026, alongside about 1.69 million civil cases in the subordinate courts.[13] An appeal filed late, in the wrong court or without a stay can sit in that queue while the decree is executed. Civil appeal Bangladesh practice rewards the party that treats the first thirty days as decisive.
Choosing the forum: District Judge or High Court Division
The forum depends on which court passed the decree and the value of the original suit, not the value of the appeal.
Appeals from a Joint District Judge
Section 21(1) of the Civil Courts Act sends an appeal from a decree or order of a Joint District Judge to the District Judge where the value of the original suit did not exceed Tk 5 crore, and to the High Court Division in any other case.[1] Section 21(1A) provides that appeals already pending before the High Court Division were not transferred merely because the District Judge's pecuniary limit was raised.[1] Valuation in the plaint therefore carries through to the appeal, which is one more reason to value a suit carefully at filing, as our guide to civil suit filing in Bangladesh explains.
Appeals from Senior Civil Judges and Civil Judges
Under section 21(2), every appeal from a Senior Civil Judge or a Civil Judge lies to the District Judge, whatever its value. Section 21(3) allows the appeal to be filed before an Additional District Judge where one has been assigned to receive such appeals, and section 21(4) lets the High Court Division, with prior government sanction, direct by gazette notification that certain appeals go to a named Joint District Judge.[1]
Appeals from District Judges and Additional District Judges
Section 20 sends appeals from a decree or order of a District Judge or Additional District Judge to the High Court Division, subject to other enactments. No appeal lies from an Additional District Judge where none would lie from the same decision of a District Judge.[1] Where a District Judge or Additional District Judge has tried a suit as a court of original jurisdiction, the first appeal is therefore always to the High Court Division, where it is registered as a first appeal.
Special statutes
Under section 6 of the Commercial Courts Act 2026 (Act No. 23 of 2026), only a Commercial Court's final judgment is appealable, to the High Court Division within sixty days; interlocutory orders may be challenged only by revision or review.[11] Under section 41 of the Artha Rin Adalat Ain 2003, an appeal lies to the High Court Division within sixty days where the decretal amount exceeds Tk 50 lakh and to the District Judge within thirty days otherwise, and a borrower must first deposit fifty per cent of the decretal amount.[12] Our guide to the Artha Rin Adalat covers loan appeals in detail.
District Judge
Hears appeals from Joint District Judges in suits valued up to Tk 5 crore and all appeals from Senior Civil Judges and Civil Judges.
Additional District Judge
Hears appeals assigned or transferred by the District Judge, with the same appellate powers.
High Court Division
Hears first appeals from District and Additional District Judges and from Joint District Judges above Tk 5 crore.
Commercial Appellate Benches
High Court Division benches hearing appeals from final Commercial Court judgments within sixty days.
Artha Rin appellate courts
District Judge or High Court Division by a Tk 50 lakh threshold, after a fifty per cent deposit.
Appellate Division
Hears appeals from the High Court Division as of right in limited cases and otherwise only with leave.
Decrees, orders and what can be appealed
Before drafting anything, classify the decision: a decree conclusively determines the parties' rights; an order does not. The answer decides whether an appeal lies at all.
Preliminary and final decrees
Section 97 deals with an appeal from a final decree where no appeal was filed against the preliminary decree. A party aggrieved by a preliminary decree, common in partition and mortgage suits, who does not appeal from it is precluded from disputing its correctness when the final decree is appealed.[2]
Ex parte and consent decrees
An ex parte decree can be attacked in two ways: by an application to set it aside under Order IX rule 13 in the trial court, or by appeal under section 96(2). An order rejecting an Order IX rule 13 application is itself appealable under Order XLIII rule 1(d).[6] A consent decree cannot be appealed at all.[2] Equally, no appeal or revision lies against a decree or order passed to give effect to a settlement reached in court mediation under section 89A.[4]
Appealable orders
Order XLIII rule 1 lists the orders open to appeal. They include orders returning a plaint, rejecting applications to restore a dismissed suit or set aside an ex parte decree, orders on attachment and sale in execution, orders recording or refusing to record a compromise, orders on temporary injunctions under Order XXXIX, orders appointing receivers under Order XL, and remand orders under Order XLI rule 23.[6] Section 104(2) bars a further appeal from an order passed in such an appeal.[2] Our guide to the temporary injunction in Bangladesh explains how the miscellaneous appeal works for injunction orders.
Second appeals: why section 100 no longer applies
Practitioners trained on Indian or older texts often look for a second appeal on a substantial question of law under section 100. In Bangladesh, sections 100 to 103 were omitted by the Law Reforms Ordinance 1978 (Ordinance No. XLIX of 1978).[2] Order XLII, which applies Order XLI to appeals from appellate decrees, remains in the First Schedule, but the substantive right that it served has gone.[6]
So where the District Judge or an Additional District Judge decides a first appeal, the appellate decree is not appealable. The losing party's route to the High Court Division is a civil revision under section 115(1), which is confined to errors of law that have caused a failure of justice.[3] The first appellate court is therefore the last full rehearing on the facts for any suit valued at Tk 5 crore or less.
Limitation: the deadline for a civil appeal Bangladesh courts will accept
Section 3 of the Limitation Act requires the court to dismiss an appeal presented out of time, whether or not limitation is pleaded.[7] The periods are short.
Article 152 and article 156
Article 152 of the First Schedule gives thirty days for an appeal under the Code to the court of a District Judge, running from the date of the decree or order appealed from. Article 156 gives ninety days for an appeal under the Code to the High Court Division, again from the date of the decree or order, except in the cases covered by articles 151 and 153.[8] Article 151 fixes twenty days for an appeal from a decree or order of the High Court Division in its original jurisdiction.[8]
Time for obtaining copies
Section 12 of the Limitation Act excludes the day on which the judgment was pronounced and the time requisite for obtaining a copy of the decree and of the judgment on which it is founded.[7] The exclusion covers only the time genuinely required. Apply for certified copies on the day of judgment and keep the application slip; delay in applying is not excluded.
Condonation of delay under section 5
Section 5 allows an appeal, an application for revision or review and an application for leave to appeal to be admitted after the period has expired if the appellant satisfies the court that there was sufficient cause for not filing in time. The explanation adds that being misled by an order, practice or judgment of the High Court Division may amount to sufficient cause.[7] Condonation is discretionary, and an application that does not explain the whole period of delay usually fails.
Other appellate time limits
A respondent's cross-objection must be filed within one month of service of notice of the hearing date, subject to extension by the court.[6] Applications to re-admit an appeal dismissed for want of prosecution, and to re-hear an appeal heard ex parte, each carry thirty days under articles 168 and 169.[8] Commercial Court appeals carry sixty days and Artha Rin Adalat appeals thirty or sixty days depending on the amount.[11] [12]
| Remedy | Forum | Legal basis | Time limit | Key point |
|---|---|---|---|---|
| First appeal (lower value) | District Judge | CPC s 96; Civil Courts Act s 21 | 30 days (art 152) | Joint District Judge suits up to Tk 5 crore; all Civil Judge appeals |
| First appeal (higher value) | High Court Division | CPC s 96; Civil Courts Act ss 20-21 | 90 days (art 156) | Above Tk 5 crore, or decree of a District Judge |
| Appeal from order | As for decrees | CPC s 104; Order XLIII r 1 | 30 or 90 days | Only listed orders; no further appeal |
| Cross-objection | Same appellate court | Order XLI r 22 | 1 month from notice | Survives withdrawal of the appeal |
| Commercial Court appeal | High Court Division | Commercial Courts Act 2026 s 6 | 60 days | Final judgments only |
| Civil revision | District Judge or High Court Division | CPC s 115 | No fixed period in s 115 | Only where no appeal lies; error of law |
| Leave to appeal | Appellate Division | Constitution art 103 | Under its rules | Leave required save art 103(2) cases |
Drafting the memorandum of appeal
Order XLI rule 1 is short, but each element is mandatory. The memorandum must be signed by the appellant or the appellant's advocate and presented to the appellate court or its designated officer. It must be accompanied by a copy of the decree appealed from and, unless the court dispenses with it, a copy of the judgment. It must set out, concisely and under distinct heads, the grounds of objection, without argument or narrative, numbered consecutively.[6]
Structure that works
A memorandum for a civil appeal Bangladesh courts will admit without objection follows a consistent order: cause title naming the appellate court and the parties with their status in the suit, such as defendant-appellant; a heading identifying the decree, court, suit number and date; the valuation and court fee; the grounds; the prayer; and the advocate's signature. Property schedules should match the plaint and decree word for word.
Writing the grounds
Grounds should identify errors, not retell the case. Strong grounds usually fall into a few types: the trial court misread or ignored material evidence; it placed the burden of proof on the wrong party; it decided an issue that was not framed or failed to decide one that was; it misapplied a statute or the law of limitation; it lacked pecuniary or territorial jurisdiction; or it refused to admit evidence that ought to have been admitted. Each ground should be one or two sentences tied to an exhibit, witness or paragraph of the judgment.
Draft broadly enough. Under rule 2 the appellant cannot, without leave, urge a ground not set out in the memorandum, although the court itself is not confined to those grounds, provided the affected party has had an opportunity to contest any new ground.[6] A catch-all ground that the judgment is "otherwise bad in law and fact" does not preserve specific points; the specific points must be written.
Valuation and court fee
Schedule I of the Court-fees Act imposes an ad valorem fee on a memorandum of appeal and on a memorandum of cross-objection, calculated on the value of the subject matter in dispute in the appeal on the same sliding scale as a plaint. The proviso caps the maximum fee on a plaint or memorandum of appeal at Tk 35,000.[10] An appellant who cannot pay may apply to appeal as a pauper under Order XLIV, but the court must reject the application unless the judgment and decree appear to be contrary to law or otherwise erroneous or unjust.[6]
What happens to a defective memorandum
Under rule 3, a memorandum not drawn up as rule 1 requires may be rejected, returned for amendment within a time the court fixes, or amended on the spot. A rejection must be reasoned, and any amendment is signed or initialled by the judge or the designated officer.[6]
The filing bundle
A complete filing bundle normally includes certified copies of the judgment and decree, the court fee, the advocate's vakalatnama, any application under section 5 of the Limitation Act with a supporting affidavit, any application for stay of execution under Order XLI rule 5, and, in the High Court Division, the paper books and other steps its rules require. Order XLI rule 15A allows the High Court Division to dismiss an admitted appeal for want of prosecution where those steps are not taken within the time its rules allow.[6]

Admission, notice and hearing under Order XLI
Once presented, the memorandum is endorsed and registered in the Register of Appeals under rule 9.[6] The appellant must then manage each stage actively.
Summary dismissal and security for costs
Rule 11 allows the appellate court, after sending for the record if it wishes and hearing the appellant, to dismiss the appeal without notice to the respondent. Rule 10 allows the court to demand security for the costs of the appeal or the suit, and makes security compulsory where the appellant resides outside Bangladesh and has no sufficient immovable property in Bangladesh other than the property in the appeal. If security is not furnished in time, the appeal must be rejected.[6] Non-resident appellants should budget for this.
Notice and service
If the appeal survives rule 11, the court fixes a hearing date, calls for the record and serves notice on the respondent as a summons, with a copy by registered post with acknowledgment due.[6] Rule 18 permits dismissal where notice was not served because the appellant failed to deposit the cost of service, so the deposit should be made on admission.
Mediation in the first appeal
Section 89C requires the appellate court, in an appeal from an original decree under Order XLI between the parties who contested the suit or their substitutes, to mediate the appeal itself or refer it for mediation. The word "shall" was substituted for "may" in 2012, and the mediation follows section 89A with the necessary modifications.[5] Under section 89A, mediation generally must conclude within sixty days, extendable by thirty days.[4] Our guide to court-annexed mediation in Bangladesh explains the process.
Adjournments, default and re-admission
Rule 12A limits each party to three adjournments; beyond that, costs of Tk 200 to Tk 1,000 follow, and non-payment risks dismissal or an ex parte hearing.[6] An appeal dismissed for default may be re-admitted under rule 19 on sufficient cause, or once under rule 19A on an affidavit application within thirty days. An ex parte appeal may be re-heard once under rule 21, or under rule 21A within thirty days on costs of up to Tk 3,000.[6]
Stay of execution pending appeal
The single most expensive misunderstanding in civil appeal Bangladesh practice is that filing an appeal protects the appellant. It does not. Order XLI rule 5(1) provides that an appeal does not operate as a stay of proceedings under the decree, and that execution is not stayed merely because an appeal has been filed. The appellate court may, for sufficient cause, order a stay.[6]
Who can grant the stay
Two courts have power. The appellate court may stay execution under rule 5(1). The court that passed the decree may also stay execution under rule 5(2) if the application is made before the time for appealing has expired.[6] Rule 5(2) protects the window while certified copies are awaited.
The three conditions
Rule 5(3) prevents either court from granting a stay unless it is satisfied of three things: that substantial loss may result to the applicant unless the order is made; that the application has been made without unreasonable delay; and that the applicant has given security for the due performance of the decree or order that may ultimately bind it.[6] Rule 5(4) allows an ex parte interim stay pending the hearing of the application.[6]
The application should prove loss that cannot later be reversed, such as demolition, transfer of land to a third party or payment to a party unlikely to repay, and should offer workable security: a bank guarantee, a part deposit or an undertaking not to alienate. An application without security invites refusal.
Security for restitution and sales of land
Where execution is allowed to proceed despite a pending appeal, rule 6(1) lets the court require security for restitution of property taken in execution and for performance of the appellate decree. Where a sale of immovable property has been ordered, rule 6(2) requires the sale to be stayed, on the judgment-debtor's application and on terms as to security, until the appeal is decided.[6] Rules 5 and 6 also apply where the appeal is from an order made in execution rather than from the decree.[6] In loan cases the Artha Rin regime is stricter: no appeal is entertained at all without the fifty per cent deposit.[12]

Cross-objection and the respondent's options
A respondent who is broadly content with the decree but dissatisfied with part of it need not file a separate appeal. Order XLI rule 22(1) allows the respondent both to support the decree on any ground decided against it below and to take any cross-objection it could have taken by way of appeal, provided the objection is filed within one month of service of notice of the hearing date, or within any further time the court allows.[6]
The cross-objection takes the form of a memorandum to which the rules on form and contents of a memorandum of appeal apply, and it attracts court fee in the same way.[6] [10] It has one major advantage over relying on the appellant's appeal: under rule 22(4), if the appeal is withdrawn or dismissed for default, the cross-objection can still be heard and determined.[6] A respondent who only supports the decree on other grounds needs no cross-objection; one who wants the decree varied in its favour does.
Two further rules protect parties who did not appeal. Rule 4 allows one of several plaintiffs or defendants to appeal from the whole decree where it proceeds on a ground common to all, and the court may then reverse or vary it for all of them. Rule 33 empowers the appellate court to pass any decree that ought to have been passed, in favour of any respondent or party, even if that party filed no appeal or objection.[6]
Powers of the appellate court and the judgment
Section 107 gives the appellate court power to determine a case finally, to remand it, to frame issues and refer them for trial, and to take or require additional evidence, and otherwise the same powers as a court of original jurisdiction.[2] Order XLI regulates how each power is used.
Final determination rather than remand
Rule 23 permits a remand where the trial court disposed of the suit on a preliminary point and that decision is reversed. Rule 25 permits the appellate court to frame an omitted issue and refer it to the trial court for findings. Since the 2026 amendment, rule 24 requires the appellate court to determine the suit finally where the evidence on record is sufficient, even if the trial court decided it on a different ground.[6] A party seeking remand must now show why the record is insufficient.
Additional evidence
Rule 27 bars additional evidence in appeal unless the trial court wrongly refused to admit evidence, or the appellate court requires a document or witness to pronounce judgment, or for another substantial cause. The court must record its reasons for admitting such evidence, and under rule 29 it must specify the points to which the evidence is confined.[6]
A reasoned judgment
Rule 31 requires the appellate judgment to state the points for determination, the decision on each, the reasons and, where the decree is reversed or varied, the relief granted.[6] The High Court Division enforces this. In Alamgir v Md Nurul Huda (Civil Revision No. 3138 of 2022, judgment of 30 January 2024), it set aside an order of an Additional District Judge in Noakhali, passed in a title appeal, refusing amendment of the written statement, because the order gave no reasons in breach of rule 31, and sent the matter back for a reasoned decision.[14] A first appellate judgment that reverses the trial court without engaging with its reasoning is vulnerable in revision.
Civil revision under section 115 versus appeal
Revision is available only where no appeal lies, and only on a narrow ground. Section 115, substituted by the Code of Civil Procedure (Third Amendment) Act 2003 (Act No. XL of 2003), creates a three-tier structure.[3]
The three revisional routes
Under section 115(1), the High Court Division may revise a decree or order of a District Judge or Additional District Judge, or a decree of a Joint District Judge, Senior Civil Judge or Civil Judge, from which no appeal lies, where the court committed an error of law resulting in an error in the decision occasioning failure of justice. Under section 115(2), the District Judge may revise, on the same ground, orders of the subordinate civil courts from which no appeal lies, and under section 115(3) an Additional District Judge may exercise that power in cases transferred by the District Judge.[3]
Under section 115(4), a further application to the High Court Division against an order of a District Judge or Additional District Judge made in revision lies only with the leave of the High Court Division, and only on an error of an important question of law resulting in an erroneous decision occasioning failure of justice.[3]
Appeal or revision: how to decide
Ask first whether an appeal lies. If the decision is a decree under section 96 or an order listed in Order XLIII rule 1, appeal is the remedy, and a revision will normally be refused because an appeal was available. If the decision is an appellate decree of the District Judge, or a non-appealable order, revision is the remedy. Section 115 fixes no time limit, but section 5 of the Limitation Act expressly extends to revision applications, and the High Court Division expects promptness.[3] [7] A revision against an appellate decree attracts the same court fee as a memorandum of appeal.[10]
Revision does not rehear the facts. Where a public authority, rather than a private party, is the real adversary, a writ petition under article 102 may be the better remedy, but only where no equally efficacious remedy, such as an appeal, is available.
Leave to appeal to the Appellate Division
The Appellate Division sits at the top of the civil appeal Bangladesh hierarchy. Article 103(1) of the Constitution gives it jurisdiction to hear and determine appeals from judgments, decrees, orders and sentences of the High Court Division. Under article 103(2), an appeal lies as of right only where the High Court Division certifies that the case involves a substantial question of law as to the interpretation of the Constitution, in specified criminal cases, in contempt cases, and in other cases Parliament provides for. In every other case, article 103(3) allows an appeal only with the leave of the Appellate Division.[9]
Section 109 of the Code likewise provides for appeals from High Court Division judgments, decrees and final orders passed on appeal or in its original civil jurisdiction.[2] In practice almost every civil matter reaches the Appellate Division by a civil petition for leave to appeal, filed through an Advocate-on-Record within the period its rules prescribe. Section 5 of the Limitation Act applies to applications for leave to appeal, but delay is scrutinised closely.[7]
What persuades the Appellate Division
Leave is discretionary, and a petition that merely reargues facts rarely succeeds. Two further constitutional tools sit alongside: article 104 empowers the Appellate Division to issue any direction or order necessary for doing complete justice in a pending matter, and article 105 allows it to review its own judgments and orders, subject to its rules.[9] A stay pending the leave petition must be sought expressly.

Civil appeal Bangladesh step by step
Each step below has a hard deadline or a strategic consequence.
Order certified copies
Apply for certified copies of the judgment and decree on the day of judgment and keep the application slip as proof for section 12.
Classify the decision
Decide whether it is a decree, an appealable order under Order XLIII or a non-appealable order open only to revision.
Fix the forum
Check which court passed the decree and the valuation of the original suit against the Tk 5 crore threshold in section 21.
Diary the deadline
Count thirty days for the District Judge or ninety days for the High Court Division from the decree, excluding copy time.
Protect against execution
Apply for stay under Order XLI rule 5 with evidence of substantial loss and an offer of security.
Draft the memorandum
Set out concise, numbered grounds without narrative, value the appeal and pay the ad valorem court fee.
Prepare for mediation and hearing
Engage seriously in section 89C mediation, deposit service costs and manage adjournments within the rule 12A limit.
Plan the next level
Assess revision under section 115 or a leave petition under article 103 before the appellate judgment is delivered.
Common mistakes to avoid
Most failed appeals fail for avoidable reasons.
- Filing in the wrong court. The forum follows the value of the original suit, not the amount in dispute in the appeal.[1]
- Counting time from the wrong day. Time runs from the date of the decree, and only the time genuinely needed to obtain copies is excluded.[7] [8]
- Assuming the appeal stays the decree. It does not. Apply under Order XLI rule 5 immediately, with security.[6]
- Writing a narrative instead of grounds. Rule 1 requires concise, numbered grounds without argument, and rule 2 limits the appellant to them without leave.[6]
- Looking for a second appeal. Section 100 was omitted in 1978.[2]
- Missing the cross-objection window. One month from service of the hearing notice passes quickly.[6]
- Using revision where appeal lies. Revision under section 115 is available only where no appeal lies.[3]
- Treating appellate mediation as a formality. Mediation under section 89C is mandatory in first appeals, and a settlement reached there is final.[4] [5]
Civil appeal Bangladesh strategy for 2026
The 2026 amendments shift the balance toward decisive first appeals. With rule 24 now mandatory, an appellate court that has a sufficient record must decide the suit, and with re-hearings and re-admissions limited, parties have fewer second chances.[6] Appellants should assume the first hearing is the only one.
A decree-holder who executes promptly, opposes any unsecured stay and files a targeted cross-objection is well placed. Both sides should take section 89C mediation seriously, because a well-drafted settlement in appeal is final and enforceable and avoids years in the High Court Division queue.[5] [13]
Finally, think two levels ahead. Where the suit is valued at Tk 5 crore or less, the District Judge's decision on facts is effectively final, and only a revision on a question of law remains. Where the appeal is in the High Court Division, the Appellate Division will intervene only with leave. A civil appeal Bangladesh strategy that is built around those limits from the day of the trial judgment gives the client the best chance of a result that holds. For land and title appeals, see our real estate disputes practice.
Frequently asked questions
How many days do I have to file a civil appeal in Bangladesh?
Does my appeal go to the District Judge or the High Court Division?
Appeals from a Joint District Judge go to the District Judge if the original suit was valued at up to Tk 5 crore, and to the High Court Division above that. Appeals from Senior Civil Judges and Civil Judges always go to the District Judge, and appeals from District Judges and Additional District Judges go to the High Court Division.[1]
Did the Civil Courts (Amendment) Act 2026 change the appeal thresholds?
No. Act No. 12 of 2026 renamed Assistant Judges as Civil Judges and Senior Assistant Judges as Senior Civil Judges with effect from 2 November 2025. The Tk 5 crore threshold in section 21 was set by the 2021 amendment and remains unchanged.[1]
Does filing an appeal stop execution of the decree?
No. Under Order XLI rule 5 the appellant must apply for a stay and satisfy the court of substantial loss, absence of unreasonable delay and security for performance of the decree.[6]
Is there a second appeal under section 100 in Bangladesh?
What must a memorandum of appeal contain?
It must be signed by the appellant or advocate, accompanied by a copy of the decree and normally the judgment, and set out concise, numbered grounds of objection under distinct heads without argument or narrative.[6]
What court fee is payable on a civil appeal?
An ad valorem fee under Schedule I of the Court-fees Act on the value of the subject matter in dispute in the appeal, capped at Tk 35,000 for a memorandum of appeal. A cross-objection attracts fee on the same basis.[10]
How long does a respondent have to file a cross-objection?
One month from service of notice of the day fixed for hearing the appeal, or such further time as the appellate court allows. A cross-objection survives even if the appeal is withdrawn or dismissed for default.[6]
When should I file a civil revision instead of an appeal?
Only where no appeal lies, such as against an appellate decree of a District Judge or a non-appealable interlocutory order, and only on an error of law that has caused a failure of justice. A further revision against a District Judge's revisional order needs leave of the High Court Division.[3]
Can I appeal a High Court Division judgment to the Appellate Division?
Usually only with leave under article 103(3) of the Constitution, sought by a civil petition for leave to appeal. An appeal lies as of right only in the limited cases in article 103(2), such as where the High Court Division certifies a substantial question of constitutional interpretation.[9]
Source register
Primary legal and regulatory sources
Materials checked on 20 October 2026. Confirm the current official text before relying on any provision.
- Civil Courts Act 1887, sections 20 and 21 (as amended by Act No. V of 2021 and Act No. 12 of 2026) — Laws of Bangladesh
- Code of Civil Procedure 1908, Part VII: Appeals (sections 96 to 112) — Laws of Bangladesh
- Code of Civil Procedure 1908, section 115 (Revision) — Laws of Bangladesh
- Code of Civil Procedure 1908, section 89A (Mediation) — Laws of Bangladesh
- Code of Civil Procedure 1908, section 89C (Mediation in appeal) — Laws of Bangladesh
- Code of Civil Procedure 1908, First Schedule, Orders XLI to XLIV (as amended by Act No. XXXVI of 2026) — Laws of Bangladesh
- Limitation Act 1908, sections 3, 5 and 12 — Laws of Bangladesh
- Limitation Act 1908, First Schedule (articles 151 to 169) — Laws of Bangladesh
- Constitution of the People's Republic of Bangladesh, Part VI, Chapter I (articles 103 to 105) — Laws of Bangladesh
- Court-fees Act 1870, Schedules I and II (as substituted by Act No. XLV of 2010) — Laws of Bangladesh
- Commercial Courts Act 2026 (Act No. 23 of 2026) — Laws of Bangladesh
- Artha Rin Adalat Ain 2003, section 41 (appeals) — Laws of Bangladesh
- UNB, 7 July 2026 — Over 46 lakh cases pending in country's courts: Law Minister
- Supreme Court of Bangladesh, High Court Division — Alamgir v Md Nurul Huda, Civil Revision No. 3138 of 2022 (30 January 2024)
Related TRW assistance
Move from information to a defined next step
TRW acts in first appeals before District Judges and the High Court Division, stay of execution applications, cross-objections, civil revisions and leave petitions to the Appellate Division. Explore our real estate disputes practice and banking and finance litigation practice, or contact TRW as soon as judgment is delivered.