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Causes of Delay in Civil Litigations

The delay can be addressed from two side’s namely compulsory delay and intentional delay. Compulsory delay is caused due to our age old legal system and intentional delay is caused by the persons who are instrumental in administration of justice and more specifically the lawyers and parties to the suits.7The causes for the delay in disposal of cases are manifold although they may differ in civil and criminal cases. The most common causes for delay are the slow process of serving notice or summons, frequent adjournments of the trial, lawyer’s economic interest in litigation. The lack of an effectiveness case management system and insufficient accountability of judges.

Arguably, three classes of people may be mainly responsibility for delay in disposal of cases. They are court staff, lawyers and judges. In criminal cases, however, investigating officers may also be responsible for the delay. Although judges cannot perform their functions without the active co-operative of court staff and lawyers. They can eliminate delays in the disposal of class by effective supervision of the functions of the court staff and by checking delaying tactics of lawyers. Delay in justice is a important factor undermining public confidence in the judiciary which is crucial to judicial independence and accountability.8

Although speedy trial is a Constitutional right in Bangladesh, our domestic legislation as well as procedural laws are outdated and not cooping with the increasing volume of cases which failed to meet the present needs of the society. The facilities in respect of management of courts are not adequate. For smooth running, proper functioning, proper administration and management of courts for ensuring justice to the litigant people for speedy disposal of cases and for maintaining transparency of the judicial department, monitoring of work supervision and inspection of the courts and op

7 Moazzem Hossain Vs state 35 DLR (AD) 290.
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In this connection relevant rules and procedures of civil rules and orders manual of practical instructions for the conduct of civil cases, criminal circulars and orders and the role of the higher authority or superior courts in connection with supervision and control of subordinate courts will be examined and scrutinized in the proposed study. All these issues and problem will be examined by the decisions of the superior courts to give the study a correct perspective.

There is no denial that there is delay and often unbelievably inordinate delay in disposal of the civil cases. The question needs to be examined whether this delay in civil litigation is due to cumbersome and technical elaboration and superfluous provisions regulating the disposal of the civil matters, that is to say, whether delay is due to procedural reasons or due to some other factors.9

As to the source of the Registrar of the Supreme Court, the number of pending civil cases in the subordinate courts till last January is about 5 lacs 5 thousand and 861. The present system is mainly responsible for this. Although there are provisions for speedy disposal of suits, there is no implementation of this provision. Besides, we have structural limitations. The lawyers aren’t cautious of filing paint & written statement. They include unnecessary & irrelevant matters in plaint & written statement which causes time lost of courts.10