Delay in civil suit
Delay in civil suit
Introduction: One of the most vexed and worrying problems in the administration of civil justice is of delay. Jonathan swift in his famous work Gulliver’s Travels sarcastically describes the delay in courts in the following words: “In pleading, the lawyers studiously avoid entering into the merits of the cause; but are loud, violent and the tedious in dwelling upon all circumstances which are not to the purpose…. they never desire to know what claim or title my adversary hath to my cow, but whether the said cow were red or black; her horns long or short; whether the field I graze her in be round or square; whether she were milked at home or aboard; what disease she subjected to; and the like; after which they consult the precedents adjourn the cause from time to time, and in ten, twenty or thirty years come to an issue. It is likewise to be observed that this society hath a peculiar cant and jargon of their own, that no other mortal can understand, and wherein all their laws are written; which they take special care to multiply; whereby they have wholly confounded the very essence of truth and falsehood; of right and wrong; so that it will take thirty years to decide whether the field, left by my ancestors for six generations, belong to me or to a stranger three hundred miles off.”
Judiciary of Bangladesh is caught in a vicious circle of delays and backlogs. Backlog of cases causes frustrating delay in the adjudicative process, which is eating away our judiciary. While delay in judicial process causes backlog, increasing backlog puts tremendous pressure on present cases and vice versa. This process goes on with no apparent remedy in view. Present rate of disposal of cases and backlog is alarming for justice, rule of law and economic development of the country.
Our judicial and legal system has a rich tradition of common law culture and it can boast of a long
Introduction: One of the most vexed and worrying problems in the administration of civil justice is of delay. Jonathan swift in his famous work Gulliver’s Travels sarcastically describes the delay in courts in the following words: “In pleading, the lawyers studiously avoid entering into the merits of the cause; but are loud, violent and the tedious in dwelling upon all circumstances which are not to the purpose…. they never desire to know what claim or title my adversary hath to my cow, but whether the said cow were red or black; her horns long or short; whether the field I graze her in be round or square; whether she were milked at home or aboard; what disease she subjected to; and the like; after which they consult the precedents adjourn the cause from time to time, and in ten, twenty or thirty years come to an issue. It is likewise to be observed that this society hath a peculiar cant and jargon of their own, that no other mortal can understand, and wherein all their laws are written; which they take special care to multiply; whereby they have wholly confounded the very essence of truth and falsehood; of right and wrong; so that it will take thirty years to decide whether the field, left by my ancestors for six generations, belong to me or to a stranger three hundred miles off.”
Judiciary of Bangladesh is caught in a vicious circle of delays and backlogs. Backlog of cases causes frustrating delay in the adjudicative process, which is eating away our judiciary. While delay in judicial process causes backlog, increasing backlog puts tremendous pressure on present cases and vice versa. This process goes on with no apparent remedy in view. Present rate of disposal of cases and backlog is alarming for justice, rule of law and economic development of the country.
Our judicial and legal system has a rich tradition of common law culture and it can boast of a long