SECTION 89 OF CODE OF CIVIL PROCEDURE 1908

SECTION 89 OF CODE OF CIVIL PROCEDURE 1908

Section 89 of the Code of Civil Procedure, 1908 gives power to the court to refer the matter to the alternate dispute resolution methods when it appears to the court that there exists an element of settlement which may be acceptable to the parties then the court may formulate such settlement or propose a tentative settlement and refer the parties to an alternate means of setting the dispute such as arbitration, conciliation, Lok Adalat or mediation.
The intention behind section 89 was quite apparent, as most of the developed countries had already adopted the alternate dispute resolution methods and the methods adopted by them were proved to be successful to the extent that over 90 per cent of the cases were being settled out of court. It had been inserted to provide justice in spite of the law’s delays and the limited number of judges available. Parties can prevent themself from indulging into litigation and go for dispute resolution methods for resolving their dispute
Interpretation of Section 89
In section 89 there are words used “shall and “may” which needs to be clarified in order to settle any doubts or possible conflicts that may have arisen with regard to the interpretation of the provision. The wording “the court shall formulate the terms of settlement” comes earlier and the word “may” is used in the latter part of the provision. The was interpreted to mean that the court has wide discretion in deciding whether the dispute at hand can be settled out of court.

Section 89 does not impose a mandatory duty upon the court to refer the parties to arbitration, conciliation, mediation merely because it is possible to resort to such methods in that particular case. The word shall is also used in Order X of the CPC and it is observed that the court is under no compulsion to refer the parties to alternate means of resolving their dispute if it does not feel it
The constitutional validity of Section 89
Constitutional validity of section 89 was challenged before the Supreme Court of India by the Salem Advocate’s Bar Association on the grounds of arbitrariness. There was a series of arguments on the followings issues:

• There was no explanation on how the provision would be implemented.
• No guidelines concerning which cases are to be referred for settlement out of court.
• How to refer the disputes
• What would be the management formula regarding referring the dispute to the alternate dispute resolution methods.
• What rules and regulations should be followed while taking recourse to alternate dispute resolution under section 89.
Conclusion
The judiciary is already overburdened with the cases and because of this, there is a delay in the disposal of cases which threatens justice. With the insertion of section 89 the court can suggest alternate dispute resolution methods to the parties where there is no arbitration agreement between the parties. The parties can avoid litigation and choose alternate dispute resolution methods for resolving their dispute expeditiously.
WRITTEN BY
RAGHAV JAGGA

Leave a Reply

Articles

Gorilla Flow Helps Men Achieve Their Ideal Sexual Performance *Buy Now*

Gorilla Flow – Official Website Link – Click Here ➢Product Name — Gorilla Flow ➢Main Benefits — Male Enhancement ➢Conformation — Natural Organic Compound ➢Any Efficacy — NA ➢ Rating: — ⭐⭐⭐⭐⭐ ➢Obtain ability — Online ➢ Where to Buy- Click Here to Rush Your Order from the Official Website ✅Click Here To Visit –“OFFICIAL […]

Read More
Complete Balance Keto Gummies Reviews In USA
Articles

Complete Balance Keto Gummies Reviews In USA

Complete Balance Keto Gummies Reviews – Diet makes losing weight simple like never before. When you put in a tonne of work at the gym but see no results, it can be demoralizing. Additionally, those trying to lose weight often have to eat tasteless diet food. Complete Balance Keto Gummies ➢ Product Review: — Complete Balance Keto Gummies […]

Read More
Flexorol Gummies Reviews
Advocates Articles

Flexorol Gummies Reviews

• Product Name – Flexorol Gummies • Help In – Joint Pain Relief • Composition – Natural Organic Compound • Side-Effects – NA • Price – Visit the Official Website • Supplement Type – Pills • Official Website –  https://playnewsdesk.com/w5gj ➢ORDER TODAY: CLICK HERE TO BUY NOW ➢ORDER TODAY: CLICK HERE TO BUY NOW ➢ ORDER TODAY: CLICK HERE TO BUY NOW […]

Read More