Research Monograph on The Causes of Delay in Civil Litigation

Delay in disposal of cases is an alarming issue of the judiciary in Bangladesh. This is also a humanitarian issue all over the world both from social and economic aspects. Now-a-days delay in the justice system has reached a point where if has become a factor of injustice, a violator of human right. Praying for justice, the parties become part of a long, protractor and torturing process. When a case is filed with a court, no body knows when it will end. Even a small case which should be disposed of within one year, may take 10-15 years to dispose of through all stages. 

To go to the civil court with any dispute means putting the matter in cold storage for years to come and by the time final decision of the dispute is available, the decree holder and the judgment debtor both become equally indifferent. A civil suit from the date of its institution till its final disposal often takes twelve to fifteen years or more. Consequently the people are becoming apathetic towards the courts or its decision and they try to take law whenever possible in their own hands. This attitude of the people is making the courts the last resort for the weak persons only, more for psychological satisfaction than for any material gain.

Although Bangladesh has long tradition of established legal and judicial system, this system has failed to meet the present needs of the litigant people in the changed national and global reality. This deteriorating trend of people’s confidence upon the judiciary is largely due to the present legal framework, cumbersome and lengthy procedures and lacunas in laws insufficient court-rooms, a shortage of trained judges. Their low salaries, accumulation of countless eases in each court. Poor case management including inadequate human resources both in terms of efficiency and number. The government of Bangladesh is not able to solve these problems due to its different constrains. The scenario is prevalent both in higher and subordinate judiciary.

The process of delay in litigation is equally known to all and nevertheless it may sound inconsistent with due process of law. The fact remains that the very cases are misused and abused in order to delay cases for an indefinite period and ultimate success in the cause often proves false. Now, law is an effective weapon in the hands of the state to mitigate the social needs by ensuring proper justice in time. Such effort of law is liable if justice fails to mitigate the misery of the mass people due to delay in litigation only and the faith in justice can never be instilled in the mass people if the state doesn’t ensure the speedy process of justice. 

DOWNLOAD FULL