Rule 5B of CPC : Rule 5B: Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement.
CPC
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Explanation using Example
Example 1:
Scenario: A citizen, Mr. Sharma, files a lawsuit against the Municipal Corporation of Delhi (MCD) for not properly maintaining a public park, which he claims has caused him injury.
Application of Rule 5B:
- Initial Duty of the Court: The court, upon receiving the suit, first attempts to facilitate a settlement between Mr. Sharma and the MCD. The judge arranges a meeting where both parties can discuss the issue and potentially agree on a solution, such as the MCD committing to repair and maintain the park and compensating Mr. Sharma for his injury.
- Adjournment for Settlement: If the court sees a reasonable chance that Mr. Sharma and the MCD can reach an agreement, it may adjourn the proceedings for a few weeks to allow both parties to negotiate and settle the matter out of court.
- Additional Powers: The court can use its general powers to adjourn the case further if it believes more time is needed for a settlement.
Example 2:
Scenario: A government employee, Ms. Gupta, sues the Ministry of Railways for wrongful termination, claiming that her dismissal was unjust and without proper cause.
Application of Rule 5B:
- **Initial Duty of...
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