Section 89 of CPC : Section 89: Settlement Of Disputes Outside The Court

Explanation using Example

Imagine two neighbors, Ravi and Sunita, who are in a dispute over the boundary line between their properties. They file a lawsuit in the civil court to settle the matter. During the proceedings, the judge notices that both parties are open to discussion and a mutual agreement might be possible.

The judge invokes Section 89 of the Code of Civil Procedure, 1908, and proposes a mediation process to help Ravi and Sunita reach an amicable settlement. The judge formulates a tentative agreement, considering the claims of both parties, and presents it to them for their observations.

After receiving feedback from Ravi and Sunita, the judge refines the terms and officially refers the case to a mediation center. The mediation center appoints a mediator who works with Ravi and Sunita to explore a mutually acceptable resolution to their boundary dispute, without the need for a lengthy trial.

This application of Section 89 helps in resolving the dispute in a less adversarial and more cost-effective manner, benefiting both the neighbors and the justice system by reducing the court's caseload.