CIVIL COURTS

Civil Courts decide disputed rights between a subject and the State or between one individual and the other. It is only the suits of civil nature that can be adjudicated in civil courts. The civil courts subordinate to the High Court Division are established by or under several enactments. Some of them are set up under special and others under general laws having well defined jurisdiction to administer justice in civil matters.

The district courts and courts subordinate to them shoulder the main burden of administering civil justice. The original jurisdiction of subordinate courts is invariably determined with reference to the pecuniary value involved in the suit to be tried by it and appeals for the decrees passed by them are taken to the superior court in accordance with the requirements of the provisions enacted in that behalf.

The Court of District

and Additional District Judge

A District Judge exercises administrative control over all civil courts within the local limit of his jurisdiction. The local limit is determined by the Government. His administrative control is supervised by the High Court Division. A District Judge has, in respect of alt suits in his district, original, appellate us well as revisional jurisdiction.

A District Judge usually does sot try original suits. Under Special Acts, he is the only court competent to try certain kinds of cases such as, Insolvency cases, Guardianship cases, Probate or Administration cases etc. He can, however, delegate his function. His pecuniary jurisdiction is unlimited.

Under the appellate jurisdiction, he determines appeals from the decrees or orders of subordinate Judges, where the value of the suit is taka twenty thousand or less. But he can try all the appeals from decrees or orders pasted by a Munsifs Court. No second appeal lies from the decision of a District Judge given in an appeal but is revisable by the High Court Divisions. This provision has been introduced by the Law Reforms Ordinance, 1978.

So long, the District Judge bad no revisional power. Recently, by the Law Reform Ordinance, 1978, revisional power has been given to the District Judge and now (with effect from Jane 1, 1979) the District Judges have powers of revising any decision of his subordinate courts in which no appeal lies thereto, if such subordinate courts commit any error of law and in doing so, he can call for records of the same and make such order in the case at he thinks fit.

The Judicial function of an Additional District Judge is similar to that of a District Judge. He tries those cases which are transferred to his court from the Court of the District Judge or from other Additional District Judges.

The Court of Subordinate Judge

There may be one or mote Subordinate Judges in a district. The District Judge subject to any general or specific order of the High Court Division determines the limit of his local jurisdiction. The Government by the notification decides the place of sitting of Subordinate Judges.

Ordinarily, a Subordinate Judge exercises two types of powers, namely, Original and Appellate. His pecuniary jurisdiction in original suit is unlimited. Normally, he tries those original suits the valuation of which exceeds taka six thousand. A District Judge may transfer to a Subordinate Judge under his administrative control any pending appeal from the decree or awarded by them. In its appellate power, the Tribunal can confirm, set aside, enhance vary or modify any judgment of or sentence passed by a special tribunal. Its decision on appeal is final. It follows the same procedure as are followed by the High Court Division. The special law, however, makes provisions for constitution and establishment of more Appellate Tribunals in the country.