IN BANGLADESH, the roots of countless criminal conflicts are often buried beneath civil disputes — particularly those involving land and property. From minor quarrels to serious criminal altercations, a single civil case can easily evolve into a chain of violence and injustice. The peace of society, the mental well-being of its people, and the fulfilment of justice itself depend largely on how quickly and fairly these disputes are resolved.
The principal legal framework for such disputes is the Code of Civil Procedure (CPC), enacted in 1908 under British colonial rule. For over a century, this law has formed the backbone of Bangladesh’s civil justice system. Yet, despite profound social, technological and administrative transformations, the CPC has remained nearly unchanged — a relic of a bygone era trying to function in a fast-moving world.
The result is predictable: a mountain of pending cases, endless procedural delays, and unbearable suffering for litigants. For many, each visit to the courthouse feels like a journey into despair — where dust fills their eyes, hope fades and exhaustion replaces faith. Reforming the CPC is, therefore, not merely a legal necessity; it is a moral and humanitarian imperative for ensuring faster and fairer justice for millions.
As of December 2024, nearly 4.5 million cases were pending across Bangladesh’s lower and higher courts. These are not just statistics; they represent millions of lives entangled in anxiety, frustration and uncertainty. Among them, civil suits form a substantial share, weighing heavily on the nation’s collective psyche.
The numbers are staggering: about 20,000 cases remain pending in the Appellate Division of the Supreme Court, around 100,000 in the High Court Division, and more than 1.6 million civil cases in subordinate courts. Each of these cases is a trap of time — where a grandfather’s lawsuit often reaches conclusion only in his grandchild’s lifetime. Such a pattern is no anomaly; it has become an accepted tragedy of our judicial reality.
At the root of this delay lies the outdated Code of Civil Procedure, which has failed to adapt to the realities of the 21st century. Despite the digital age and administrative modernisation, the procedural rigidity of the CPC continues to obstruct justice, turning the courts into chambers of delay and despair.
It is against this backdrop that the Civil Procedure Code (Amendment) Ordinance, 2025 emerges as a turning point. More than a reform of statutes, it is a declaration of intent: to ensure justice that is swift, efficient and humane. The ordinance seeks to reduce adjournments, accelerate judgments and modernise judicial administration — offering relief to those long trapped in the labyrinth of delay.
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Key features of the 2025 amendments
THE 2025 amendment introduces several landmark changes aimed at transforming civil litigation into a faster, fairer and more efficient process:
Modernised summons process: No longer limited to peons or postal delivery, summons can now be issued through phone calls, SMS, emails, or messaging apps — saving both time and cost while ensuring faster communication.
Written testimony: Parties may now submit written affidavits instead of appearing in court for oral examination, reducing hassle and expediting proceedings.
Abolition of separate execution suits: Earlier, a separate case was required to execute a decree for recovery of money. Under the new system, the decree can be enforced within the original suit — saving both time and expense.
Empowering law enforcement: Courts can now authorise the police and relevant agencies to assist in enforcing decrees, ensuring continuity and effectiveness in the justice process.
State liability in contempt costs: In cases of non-compliance with court orders, the expenses of detention will no longer burden the plaintiff. Instead, the state will bear such costs — offering greater protection to litigants.
Limiting adjournments: To curb unnecessary delays, parties will not be allowed more than four adjournments, compelling efficient case management.
Restricting ex-parte decree challenges: Defendants may no longer repeatedly challenge ex-parte decrees, thus improving the finality and enforcement of judgments.
Deterring frivolous litigation: To discourage false or malicious suits, the amendment imposes a fine of up to Tk. 50,000 for filing baseless cases, ensuring that the justice process remains sincere and time-bound.
In essence, these reforms are not merely procedural. They reflect a shift in philosophy — from bureaucratic inertia to human-centred justice, from delay to delivery.
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Why this reform is transformative
THE significance of the 2025 amendment lies not only in modernising an old law but in its profound human dimension. It seeks to free millions from the silent suffering of judicial delay. Each adjourned case echoes a muted cry — of frustration, of financial burden, of fading hope. The new ordinance seeks to turn that cry into a breath of relief.
By embracing technology, limiting adjournments and ensuring swift execution of decrees, the ordinance promises more than judicial efficiency — it promises dignity in justice. It marks a return to the very spirit of law: that justice delayed is justice denied.
This reform will hopefully break the inertia of centuries and restore faith in the system.
The burden of backlog, once seen as insurmountable, can now be lifted. For every litigant who has spent years waiting in court corridors, this ordinance offers a new beginning — a path toward justice that is faster, fairer, and deeply humane.
In conclusion, the Civil Procedure Code (Amendment) Ordinance, 2025 is not just a legislative reform; it is a moral commitment to the people of Bangladesh. It heralds a new dawn where the mountains of pending cases will gradually recede, where justice will no longer be an endless wait, and where the light of fairness and humanity will shine anew in every courtroom.
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Dr Jahangir Alam Sarker is an advocate and researcher.