The provisions of the Code of Civil Procedure are not applicable in the Chittagong Hill Tracts.

Bangladesh Forest Industries Development Corporation and others. (Petitioners)

Vs.

Sheikh Abdul Jabbar. (Opposite Party)

HIGH COURT DEVISION
(Civil Revisional Jurisdiction)

Civil Revision Case No. 4618 of 1999.
Judges Names:

Gour Gopal Saha J.
S. K. Sinha J.

Judgment Dated: 3rd June, 2001.

Relevant Sections:

Chittagong Hill Tracts Regulation, 1900
Regulation 4 (1)

Code of Civil Procedure
Sections 9 & 115

The provisions of the Code of Civil Procedure are not applicable in the Chittagong Hill Tracts. [Para 9]

Regulation 9
Section 115

This Court has no power or jurisdiction to examine the legality or the propriety of any order or judgment made by the Divisional Commissioner in respect of civil matter in exercise of revisional jurisdiction. [Para 13]

Regulation 4 (1)
Section 4

The Chittagong Hill Tracts Regulation, which is special law and since there is specific bar, the procedures in Civil Procedure Code will not be applicable. [Para 14]

Regulation 17 (2) (3)

No appellate or revisional power has been given to the High Court Division against any order passed by the Commissioner or by the Government.

The procedure for dealing with civil disputes by the Civil Courts as provided in the Code are not applicable in case of dealing with Civil disputes by the Deputy has been invested to the Deputy Commissioner to decide civil rights of the parties on taking evidence. A person or persons to constituted a “Court” who must be entrusted with judicial functions of deciding litigated questions according to law. [Para 15]

Constitution of Bangladesh, 1972
Article 102
Chittagong Hill Tracts Regulation, 1900
Regulations 4, 9 & 17
Code of Civil Procedure (V of 1908)
Sections 9 & 115

Any aggrieved party against the decision of the Divisional Commissioner in civil matters can maintain an application under Article 102 of the Constitution and not a revision petition under section 115 (1) CPC.

On an analysis of the Regulations and Rules, we are of the view that the Regulations and the Rules do not provide adequate remedy for determination of suits of civil nature. Therefore, there is need for legislative measure by way of amendment in the Regulation providing operation of the Code of Civil Procedure either wholly or with modification in the Chittagong Hill Tracts. [Para 15]

Source: 53 DLR (HCD) 488[2001]

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