CPC 89 — Settlement of disputes outside the Court

Code of Civil Procedure, 1908

Statutory text

[89. Settlement of disputes outside the Court.—(1) Where it appears to the Court that there exist
elements  of  a  settlement  which  may  be  acceptable  to  the  parties,  the  Court  shall  formulate  the  terms  of
settlement  and  give  them  to  the parties for their observations  and  after  receiving  the  observations  of  the parties, the Court may reformulate the terms of a possible settlement and refer the same for:—
(a) arbitration;
(b) conciliation;
(c) judicial settlement including settlement through Lok Adalat; or
(d) mediation.
(2) Were a dispute has been referred—
(a)   for   arbitration   or   conciliation,   the   provisions   of   the   Arbitration   and   Conciliation
Act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred
for settlement under the provisions of that Act;
(b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of  sub-section  (1)  of  section  20  of  the  Legal  Services  Authority  Act,  1987  (39  of  1987)  and  all  other
provisions of that Act shall
.
apply in respect of the dispute so referred to the Lok Adalat;
(c)  for  judicial  settlement,  the  Court  shall  refer  the  same  to  a  suitable  institution  or  person  and
such  institution  or  person  shall  be  deemed  to  be  a Lok  Adalat  and  all  the  provisions  of  the  Legal
Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat
under the provisions of that Act;
(d) for mediation, the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.]
S
PECIAL CASE

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