How to File a Civil Suit in Bangladesh: Dhaka Judge Court Guide 2026

Civil suit filing Bangladesh: from plaint to execution in 2026

Civil suit filing Bangladesh practice changed more in 2025 and 2026 than in the previous two decades. The Code of Civil Procedure (Amendment) Act 2026 now requires the facts in every plaint to be proved by affidavit, lets summons go out by SMS and messaging apps, moves examination-in-chief onto affidavit and allows a decree to be executed inside the same suit record. Courts have been renamed, pre-case mediation has become compulsory for listed disputes in thirty districts, and commercial disputes now go to dedicated Commercial Courts with their own timetable.

This guide follows a civil suit from the first decision to the last: which court has pecuniary and territorial jurisdiction, how to file at the Dhaka Judge Court, the limitation clock, pre-suit mediation, the contents of the plaint under Order VII, court fees, summons, the written statement, mediation under section 89A, issues, evidence, judgment, decree, appeal, revision and execution. It closes with practical advice on choosing a civil litigation lawyer and the mistakes that most often cost litigants their case.

Summary: A civil suit in Bangladesh starts with a plaint, supported by affidavit, filed in the lowest-grade court competent to try it: a Civil Judge for claims up to Tk 15 lakh, a Senior Civil Judge up to Tk 25 lakh and a Joint District Judge above that. The defendant has thirty working days to file a written statement, after which the court must try mediation before framing issues and hearing evidence. Decrees are appealed to the District Judge or the High Court Division and are now executed within the original suit.

Key point: Check three things before drafting a word of the plaint: whether limitation has run, whether the dispute must first go to pre-case mediation at the district legal aid office or under the Commercial Courts Act 2026, and which court has jurisdiction by value and by place. A mistake on any of them can end the suit before it begins.

At a glance

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Table of Contents

The 2026 civil suit filing Bangladesh landscape

Civil litigation is governed by the Code of Civil Procedure 1908, the Civil Courts Act 1887, the Court-fees Act 1870 and the Limitation Act 1908, now joined by the Commercial Courts Act 2026 and the reformed Legal Aid Services Act 2000. Each has been amended in ways that change what a careful litigant does in the first month of a dispute.

The Code of Civil Procedure (Amendment) Act 2026

The most important change is the Code of Civil Procedure (Amendment) Act 2026 (Act No. XXXVI of 2026), which took effect from 8 May 2025, the date of the interim government's ordinance it replaced.[2] It added a new section 26(2) requiring facts in every plaint to be proved by affidavit, raised compensatory costs for false or vexatious claims to Tk 50,000, inserted section 94A so that courts can direct law enforcement agencies to assist execution, and narrowed the protection from arrest in money-decree execution.[2] In the First Schedule it introduced affidavit evidence-in-chief, cut adjournments from six to four, and created direct execution within the suit record.[3]

Renamed courts, same structure

The Civil Courts (Amendment) Act 2026 (Act No. 12 of 2026), effective from 2 November 2025, replaced the word "Assistant" with "Civil" throughout the Civil Courts Act 1887. The five classes of civil court are now the District Judge, Additional District Judge, Joint District Judge, Senior Civil Judge and Civil Judge.[1] A new section 25A reads references in other laws to the old titles as references to the new ones.[1] Powers did not change with the names.

Why procedure matters more than ever

The Law Minister, Md Asaduzzaman, put the number of cases pending in the subordinate courts at 4,041,924 as of 31 December 2025.[12] At a Dhaka seminar in May 2026 a former business chamber president, citing World Bank data, put the average time to enforce a contract at 1,442 days.[14] In a system under that pressure, a defect in jurisdiction, valuation or service is rarely cured quickly. Getting civil suit filing Bangladesh procedure right at the outset is the most effective way to shorten a case.

Choosing the right court: pecuniary and territorial jurisdiction

Section 9 of the Code gives the civil courts jurisdiction over all suits of a civil nature unless their cognizance is expressly or impliedly barred, and section 15 requires every suit to be instituted in the court of the lowest grade competent to try it.[2] Two questions follow: which grade of court by value, and which court by place.

Pecuniary limits under the Civil Courts Act 1887

Section 19 of the Civil Courts Act, as substituted by the Civil Courts (Amendment) Act 2021, sets the current pecuniary jurisdiction. A Senior Civil Judge may try suits valued up to Tk 25 lakh and a Civil Judge suits valued up to Tk 15 lakh.[1] The Joint District Judge's original jurisdiction under section 18 carries no upper pecuniary limit, so suits above Tk 25 lakh go there.[1] The 2026 renaming did not alter these figures. Valuation for jurisdiction follows the valuation of the relief in the plaint, which is why valuation and court fees must be settled together.

Territorial jurisdiction

Suits concerning immovable property, including recovery, partition, foreclosure and compensation for wrong to land, must be filed in the court within whose local limits the property is situated.[2] Where property lies within several courts' jurisdictions, the suit may be filed in any of them if that court can try the whole claim by value. All other suits go where the defendant resides, carries on business or personally works for gain, or where the cause of action arose wholly or in part.[2] Objections to the place of suing must be taken at the earliest opportunity in the trial court.[2]

Commercial disputes and the Commercial Courts

The Commercial Courts Act 2026 (Act No. 23 of 2026), deemed in force from 1 January 2026, sends disputes in twenty-four listed commercial categories, including trade dealings, import and export, carriage of goods, construction contracts and franchising, to dedicated Commercial Courts presided over by District Judges or Additional District Judges.[10] There is no monetary threshold; eligibility depends on subject matter. Loan recovery matters remain with the Artha Rin Adalat. In February 2026 the government established 75 Commercial Courts, including three in Dhaka Metropolitan area and one for Dhaka district outside it.[11] Pending commercial disputes in the ordinary civil courts were transferred to them.[10]

Suits against the government

Section 80 of the Code allows a suit against the government or a public officer after two months' written notice delivered to a Secretary or the Deputy Commissioner (Collector) of the district, stating the cause of action and the relief claimed. A suit filed without notice is not barred, but the plaintiff loses costs if the government settles or concedes within two months, and the court must allow the government at least three months to file its written statement.[2] Challenges to state action may instead belong in a writ petition.

Filing a civil case at the Dhaka Judge Court

"Dhaka Judge Court" is the everyday name for the civil and sessions courts of the Dhaka judgeship, presided over by the District Judge, Dhaka. In September 2026 a Supreme Court lawyer served a legal notice on the Law Minister and the Supreme Court's Registrar General seeking to split the Dhaka District and Sessions Judge's Court and the Metropolitan Sessions Judge's Court into separate North and South judicial zones, citing the growing civil, criminal, family and special caseload.[13]

Which Dhaka court receives the plaint

The plaint is presented to the court of the lowest competent grade with local jurisdiction over the property or the defendant: a Civil Judge's court for claims up to Tk 15 lakh, a Senior Civil Judge's court up to Tk 25 lakh, and a Joint District Judge's court above that.[1] Commercial disputes in the listed categories go to one of the Dhaka Commercial Courts instead.[11] The District Judge distributes business among courts sharing the same local limits.[1]

What the filing set looks like in practice

A complete civil suit filing Bangladesh set in Dhaka contains the plaint with its verification and supporting affidavit, the court fee in stamps or by the permitted method, the wakalatnama appointing the advocate, copies of the plaint for each defendant, the documents relied on, a list of documents, and the requisites for issuing summons, including correct addresses, mobile numbers and email addresses.[3] Any petition for a temporary injunction is usually filed with the plaint so it can be heard on the first day.

Before you file: limitation and pre-suit mediation

The limitation clock

Section 3 of the Limitation Act 1908 requires the court to dismiss any suit filed after the prescribed period, even if the defendant does not raise limitation.[7] The periods most often relevant are three years for compensation for breach of contract, running from the breach; one year for specific performance of a contract, running from the date fixed for performance or from notice of refusal; twelve years for possession of immovable property after dispossession; and six years for suits with no specific article.[8] Section 5, which lets courts admit late appeals and applications for sufficient cause, does not apply to the suit itself.[7] A suit is instituted when the plaint is presented to the proper officer.

Mandatory pre-case mediation under section 21B

The Legal Aid Services (Amendment) Act 2026 (Act No. 45 of 2026) inserted sections 21B to 21E into the Legal Aid Services Act 2000.[9] For disputes in the Act's schedule, which include family matters under the Family Courts Act 2023, house rent disputes, partition disputes, pre-emption claims, parents' maintenance, cheque dishonour and listed dowry and women and children repression complaints, the aggrieved party must first apply to the legal aid office for mediation. A suit may be filed only if mediation fails, and the plaintiff must file the failure report with the court. Time spent in mediation is excluded from limitation.[9]

By S.R.O. No. 288 of 30 July 2026, section 21B took effect from 31 July 2026 in thirty districts, including Cumilla, Sylhet, Mymensingh, Rangpur, Narsingdi, Munshiganj, Bogura, Jashore, Cox's Bazar and Tangail. Dhaka is not on the list.[9] Coverage is expanding, so check the current notification before filing outside Dhaka. Our guide to mediation in Bangladesh explains the process.

Pre-suit mediation in commercial disputes

Section 7(1) of the Commercial Courts Act 2026 requires a plaintiff, where no urgent interim relief is sought, to follow the pre-suit mediation process the government prescribes, if rules prescribing it exist when the suit is filed.[10] The requirement is therefore conditional on rules, and suits seeking urgent interim relief are excluded. Confirm whether rules have been notified before filing a commercial suit.

Drafting the plaint under Order VII

The plaint is the foundation of civil suit filing Bangladesh procedure, and most later problems trace back to it. Section 26 provides that every suit is instituted by presenting a plaint, and since the 2026 amendment the facts in every plaint must be proved by affidavit.[2]

What Order VII rule 1 requires

The plaint must state the name of the court; the name, description and residence of the plaintiff and the defendant, now including telephone or mobile numbers, National Identity Card details and email addresses where available; any minority or unsoundness of mind; the facts constituting the cause of action and when it arose; the facts showing the court has jurisdiction; the relief claimed; any set-off or relinquishment of part of the claim; and a statement of the value of the subject matter for jurisdiction and court fees.[3] Every plaint must also comply with the pleading rules in Order VI, including verification.

Documents and the affidavit

Under Order VII rule 14, a plaintiff who sues on a document, or relies on documents in his possession or power, must produce them in court when the plaint is presented.[3] Holding documents back invites objections when they surface later. Because section 26(2) now treats plaint facts as proved by affidavit, every factual statement must be one the deponent can stand behind under cross-examination.[2]

Rejection of the plaint

Order VII rule 11 requires the court to reject a plaint that discloses no cause of action, that is undervalued or insufficiently stamped and not corrected within the time the court allows, or that appears from its own statements to be barred by law. The time allowed to correct valuation or stamps cannot exceed twenty-one days.[3] A plaint that pleads facts showing the claim is time-barred is liable to rejection at the threshold.

Court fees: valuation and payment

Court fees are payable under the Court-fees Act 1870 and its schedules. Section 7 governs how the fee is computed: on the amount claimed in money suits, on the market value of movable property, on the value stated by the plaintiff in suits for declarations with consequential relief and for injunctions, and on prescribed bases for possession, pre-emption, partition, specific performance and landlord and tenant suits.[5]

Ad valorem fees and the cap

Schedule I, as substituted by the Court-fees (Amendment) Act 2010 with effect from 1 September 2010, sets ad valorem fees for plaints, written statements pleading set-off or counterclaim, and memoranda of appeal on a sliding scale by value. The proviso caps the maximum fee on a plaint or memorandum of appeal at Tk 35,000.[6] Plaints in possession suits under section 9 of the Specific Relief Act 1877 follow a lower scale with a Tk 7,500 cap.[6]

Fixed fees and refunds

Schedule II prescribes fixed fees for suits whose subject matter cannot be valued in money, including declaratory suits where no consequential relief is sought and certain partition suits by a co-owner in possession, subject to a 2010 notification that reduced the scheduled amounts.[6] Confirm the current figure before filing. Where a suit settles through mediation under section 89A, the court issues a certificate for refund of the court fee paid on the plaint or written statement, and the refund must be paid within sixty days.[4]

A plaintiff who cannot afford the fee may apply to sue as a pauper under Order XXXIII,.[3] Eligible litigants can also obtain advocates and fee support through the government system described in our guide to legal aid in Bangladesh.

Summons and service

Order V rule 1 requires the court officer to issue summons to the defendant within five working days of the filing of the suit, and an officer who fails to do so is liable for misconduct.[3] Summons may be served through the court's process server, through a courier service enlisted by the District Judge, or by registered post with acknowledgment due. The serving officer or courier must complete service within thirty days of receiving the summons.[3]

Since the 2026 amendment, the court may also, on the plaintiff's application, direct service by SMS, voice call, instant messaging, fax or email at the plaintiff's cost, with proof of service recorded.[3] [12] Where ordinary service fails, the court may order substituted service by affixing a copy in a conspicuous place and by advertisement in a daily newspaper. For defendants outside Bangladesh, fax or email service is available on application.[3] In civil suit filing Bangladesh practice, accurate contact details in the plaint are now a necessity, not a formality.

Written statement and the defendant's options

Order VIII rule 1 gives the defendant thirty working days from service of summons to file a written statement. For reasonable grounds recorded in writing, the court may allow a later date, but never beyond sixty working days from service. If the written statement is not filed within sixty working days, the court must dispose of the suit ex parte.[3] The defendant must produce the documents relied on with the written statement, just as the plaintiff must with the plaint.

The written statement should answer every allegation specifically, because allegations not denied may be treated as admitted. It should also raise every preliminary objection: limitation, jurisdiction, non-joinder or misjoinder of parties, defective valuation, res judicata and failure to complete mandatory pre-case mediation. A defendant with a money claim against the plaintiff may plead set-off or a counterclaim, on which ad valorem court fee is payable.[6]

Ex parte decrees

A defendant against whom an ex parte decree is passed may apply under Order IX rule 13 to set it aside by showing that summons was not duly served or that sufficient cause prevented appearance, and section 5 of the Limitation Act applies to that application. A new rule 13A lets the court set aside the decree directly, without evidence of sufficient cause, on payment of costs up to Tk 3,000, if a defendant who appeared and filed a written statement applies on affidavit within thirty days. Under either rule, a decree may be set aside only once at the instance of the same defendant.[3]

Mediation inside the suit: section 89A

Once the written statement is filed, section 89A requires the court, if all contesting parties are present in person or through their advocates, to adjourn the hearing and either mediate itself or refer the dispute to mediation through the parties' advocates, the parties themselves, a panel mediator or the legal aid officer. Suits under the Artha Rin Adalat Ain 2003 are excluded.[4] The parties must name a mediator within ten days of the referral, failing which the court appoints one from the panel within seven days. Mediation must conclude within sixty days, extendable by up to thirty days.[4]

A settlement is reduced to writing, signed by the parties and witnessed by their advocates and the mediator, and the court passes a decree in terms of it within seven days of the report. No appeal or revision lies against that decree. If mediation fails, the suit resumes from where it stood, and nothing said in mediation can be used in the suit or in any other proceeding. A judge who conducted a failed mediation may not try the suit.[4] Our guide to court-annexed mediation in Bangladesh explains how to prepare for the session.

In the Commercial Courts, section 7(2) of the Commercial Courts Act 2026 instead allows referral to mediation at any stage before judgment with the consent of both parties, to be completed within thirty days and extendable once by thirty days. A settlement becomes a decree if no third party's interest is harmed.[10] Parties may also withdraw a suit to refer the dispute to arbitration under section 89B.[2]

Issues, adjournments and evidence

Framing issues

Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other. Under Order XIV rule 1, the court frames issues at the first hearing after reading the pleadings and examining the parties if needed, and in any case within fifteen days of the first hearing or the filing of the written statement, whichever is later.[3] Issues define the trial. Counsel should press for precise issues on limitation, jurisdiction and each element of the cause of action, because an issue not framed is rarely decided.

Commercial Courts instead hold a suit management hearing under section 9(4) to fix the key issues and limit witnesses.[10]

Adjournments

Order XVII rule 1(3) now limits each party to four adjournments before the peremptory hearing, down from six, and any adjournment beyond that limit carries costs of between Tk 200 and Tk 1,000 payable to the other side.[3] Once evidence begins, the hearing should continue from day to day until the witnesses in attendance have been examined. Commercial Courts allow only three adjournments before the final hearing and must complete that hearing within ninety days, without exception.[10]

Evidence by affidavit

New Order XVIII rule 4A provides that the facts in the plaint or written statement need not be orally restated, and that examination-in-chief of the plaintiff or defendant is given on affidavit, followed by cross-examination and, if necessary, re-examination. A copy of the affidavit must be served on the other side before it is filed, and the proof and admissibility of documents filed with it remain subject to the court's orders.[3] Cross-examination is now where most civil trials are won or lost.

Commercial Courts may decide on affidavits and documents alone and may grant summary judgment where a claim or defence has no real prospect of success.[10]

Judgment, decree and costs

After the hearing, Order XX rule 1 requires the court to pronounce judgment in open court, either at once or on a later day not more than seven days away, with notice to the parties. The judgment must contain a concise statement of the case, the points for determination, the decision on each and the reasons, and in suits with framed issues a finding on each separate issue.[3] The decree then records the relief granted in a form that can be executed.

Some suits, such as partition and accounts suits, proceed by a preliminary decree that settles rights followed by a final decree that works them out. A party who does not appeal a preliminary decree cannot later dispute its correctness in an appeal from the final decree.[2] See our analysis of partition suits in Bangladesh for how this works in land cases.

Costs are in the court's discretion under section 35, with interest on costs at up to six per cent a year. Section 35A allows compensatory costs of up to Tk 50,000 against a party whose claim or defence is found false or vexatious, and section 35B imposes costs for late applications.[2]

Appeals and revision

Section 96 gives a right of appeal from every original decree, including an ex parte decree, but not from a decree passed with the consent of the parties.[2] Under section 21 of the Civil Courts Act, appeals from a Joint District Judge, Senior Civil Judge or Civil Judge lie to the District Judge where the value of the original suit does not exceed Tk 5 crore, and to the High Court Division otherwise. Appeals from a District Judge or Additional District Judge lie to the High Court Division.[1]

The limitation period is thirty days for an appeal to the District Judge and ninety days for an appeal to the High Court Division, both running from the date of the decree.[8] Late appeals may be admitted under section 5 of the Limitation Act on sufficient cause.[7] First appeals from original decrees must also go through mediation under section 89C, applying section 89A with the necessary changes.[2] A Commercial Court judgment is appealed to the High Court Division within sixty days, and only final judgments are appealable.[10]

Second appeals were abolished in 1978. Instead, section 115 lets the High Court Division revise a decree or order from which no appeal lies where an error of law has caused a failure of justice, and lets the District Judge revise non-appealable orders of the lower courts.[2]

Execution of the decree

A decree is only as good as its execution, and the 2026 amendment rebuilt this stage. Under new Order XXI rule 104, the court may receive an execution application in the record of the suit itself and order execution at once, without a separate execution case. Where the decree-holder or an auction purchaser is resisted in taking possession, the court may direct a person it appoints and, if necessary, law enforcement to put them in possession.[3] Section 94A separately empowers courts to direct executive authorities to assist and report compliance.[2]

For money decrees, new Order XXI rule 30A allows the court to detain the judgment-debtor in civil prison for up to six months, at the government's expense rather than the decree-holder's. The debtor is released on depositing at least twenty-five per cent of the decretal amount with a bond to pay the rest within sixty days, and may be re-arrested on default. Minors, persons of unsound mind and insolvents cannot be detained.[3] Protection from arrest now covers only old, infirm, pregnant or breastfeeding women.[2]

Time still matters. Execution must generally be sought within three years of the decree, or six years where a certified copy has been registered, and section 48 bars any fresh execution application more than twelve years after the decree.[8] [2]

Civil suit filing Bangladesh: the process step by step

The sequence for civil suit filing Bangladesh courts now follow, after the 2026 amendments, is set out below.

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Choosing a civil litigation lawyer in Bangladesh

The right civil litigation lawyer is the one who reduces the number of hearings your case needs. In practice that means four things. First, command of the 2026 procedure: affidavit-based pleadings and evidence, electronic service, adjournment limits and direct execution reward advocates who prepare early and penalise those who rely on time. Second, court presence: a Dhaka suit needs counsel who appear in the Dhaka judgeship regularly and can track cause lists, while appeals and revisions need advocates enrolled to practise in the High Court Division.

Third, subject-matter depth. Land, inheritance, partition and pre-emption disputes turn on title documents and land records; commercial disputes turn on contracts, accounts and now on Commercial Court procedure; claims against public bodies may belong in writ jurisdiction. Fourth, candour about cost and alternatives. A good lawyer will tell you when arbitration may be better than litigation, when mediation will save years, and what the realistic timetable is. Ask for a written scope, a fee basis and a list of the documents needed before the plaint is drafted.

Common mistakes to avoid

Each of these errors is avoidable with an hour's planning at the start of civil suit filing Bangladesh work.

• Filing out of time. The court must dismiss a time-barred suit even if the defendant never raises limitation.[7]
• Skipping pre-case mediation. In the thirty notified districts, listed disputes must go to the legal aid office first, and the failure report must accompany the plaint.[9]
• Undervaluing the suit. Undervaluation can put the suit in the wrong court and lead to rejection if not corrected within the time allowed.[3]
• Missing the sixty working day limit. A defendant who has not filed a written statement by then faces an ex parte decree.[3]
• Treating mediation as a formality. A settlement under section 89A is final, with no appeal, so its terms must be drafted for enforcement.[4]
• Delaying execution. The decree-holder must apply in time; a decree left unexecuted can be lost.

Disputes over land often combine several of these risks; our guide to land dispute litigation in Bangladesh addresses them in detail. TRW's real estate disputes practice and dispute resolution team act in civil suits, appeals, revisions and execution across the Dhaka courts.

Frequently asked questions

Which court should I file a civil suit in?

The lowest-grade court competent to try it, with local jurisdiction over the property or the defendant: a Civil Judge for claims up to Tk 15 lakh, a Senior Civil Judge up to Tk 25 lakh and a Joint District Judge above that. Listed commercial disputes go to a Commercial Court.[1] [10]

What happened to Assistant Judges?

The Civil Courts (Amendment) Act 2026, effective from 2 November 2025, renamed Assistant Judges as Civil Judges and Senior Assistant Judges as Senior Civil Judges. Their jurisdiction is unchanged.[1]

Does a plaint now need an affidavit?

Yes. Section 26(2) of the Code, added by the 2026 amendment, requires the facts in every plaint to be proved by affidavit.[2]

How much court fee is payable on a money suit?

An ad valorem fee on a sliding scale under Schedule I of the Court-fees Act 1870, capped at Tk 35,000 on a plaint or memorandum of appeal. Possession suits under section 9 of the Specific Relief Act have a Tk 7,500 cap.[6]

Must I go to mediation before filing in Dhaka?

Not under section 21B as at October 2026: Dhaka is not among the thirty districts notified by S.R.O. No. 288 of 2026. Commercial suits may need pre-suit mediation under section 7 of the Commercial Courts Act 2026 once rules are prescribed.[9] [10]

How long does the defendant have to file a written statement?

Thirty working days from service of summons, extendable for reasonable grounds to no more than sixty working days. After that, the court must decide the suit ex parte.[3]

Can summons be served by SMS or WhatsApp?

The court may, on the plaintiff's application, direct service by SMS, voice call, instant messaging, fax or email at the plaintiff's cost, alongside service by process server, enlisted courier or registered post.[3]

How long is mediation under section 89A?

Sixty days from referral or appointment, extendable by up to thirty days. A settlement becomes a decree with no appeal, and the court fee is refunded.[4]

What is the time limit to appeal a civil decree?

Thirty days for an appeal to the District Judge and ninety days for an appeal to the High Court Division, from the date of the decree. Appeals lie to the District Judge where the suit value does not exceed Tk 5 crore.[8] [1]

Do I need a separate case to execute a decree?

No. Under Order XXI rule 104, the execution application can be filed in the record of the original suit, and the court may order execution at once, with police help if possession is resisted.[3]