Section 89 CPC As A Gateway To Quicker Justice: A Study Of Its Efficacy, Interpretation, And Implementation

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Mr. Abhishek Mishra, Assistant Professor, Amity Law School, Lucknow, AUUP

Shruti Singh, BALLB, Amity University, Lucknow, Uttar Pradesh

INTRODUCTION

The legislative mandate to refer sub judice disputes to various ADR mechanisms outlined in Section 89 of the Code of Civil Procedure, 1908, when the court deems it appropriate to do so, allows the parties to ultimately settle their outstanding cases through established dispute resolution methods other than litigation. ADR's necessity and significance have thus been acknowledged by Section 89 CPC, even at the post-litigation stage.

In accordance with section 89 of the Code of Civil Procedure, 1908, the court may refer the parties to judicial settlement, arbitration, conciliation, mediation, or Lok Adalat in order to settle their differences in the post-litigative stage. The Delhi High Court has actually gone a step further and ruled that, in accordance with Section 89 of the Code of Civil Procedure, 1908, Early Neutral Evaluation (ENE), a distinct type of alternative dispute resolution (ADR) that is comparable to mediation, may be used to achieve the goal of a negotiated settlement, particularly when the parties agree to do so.1

RATIONALE OF SECTION 89

The Law Commission of India2 emphasized the value of conciliation and mediation as an ADR method and suggested the establishment of a conciliation court system. The Malimath Committee3 had also argued that a legal revision was necessary in order to introduce ADR procedures.4

The Code of Civil Procedure (Amendment) Bill was introduced in 1997 based on the Law Commission of India's and the Malimath Committee's5 recommendations. The following is the Statement of Objects and Reasons that was attached to the aforementioned bill6:

SECTION 89 CPC AS A GATEWAY TO QUICKER JUSTICE- A STUDY OF ITS EFFICACY, INTERPRETATION, A.

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