History
of legislation
Before 1859 there was no law governing the procedure for the
courts of the Civil Judicature. For the first time, the laws of procedure of
the civil courts were codified in 1859. It underwent several amendments and was
replaced by the Code enacted in 1877.
The
third Code was enacted in 1882 repealing the Code of 1877. In 1908 the present
Code was enacted repealing the Code of Civil Procedure of 1882. The present
Code was amended from time to time and after the emergence of Bangladesh, the
Code was amended
by net VIII of 1973 and Act LIII of 1974 adapting it to the changed situation.
After liberation of Bangladesh, delay in disposal of suits was gradually
increasing.
To
cope with the problem, substantive amendments were made by the Law Reforms Ordinance,
1978 and the Code of Civil Procedure (Amendment) Ordinance, 1983. By Act XXXII of 1989 certain provisions were
made relating to temporary and ad interim injunction. In 2003 Parliament passed
three amendment Acts. By Act III of 2003 provisions have been made for
mediation and arbitration.
By
Act XXIX of 2003 certain important amendments were made, but before the
commencement of this Act, Act XL of 2003 was passed repealing Act XXXII of 1989
and Act XXIX of 2003 and making some amendments. Lastly, by Act VIII of 2006
further amendment has been made with the object of curbing the delay in adjudication of
disputes.
