Rule 3 of CPC : Rule 3: Duty of Court to make efforts for settlement.

Explanation using Example

Example 1:

Scenario: Divorce and Child Custody Dispute

Ravi and Priya have filed for divorce and are in a dispute over the custody of their 8-year-old son, Aryan. The case is brought before the Family Court under Order XXXIIA of the Code of Civil Procedure, 1908.

Application of Rule 3:

1. Initial Effort for Settlement: The judge, recognizing the emotional and psychological impact on Aryan, first attempts to mediate between Ravi and Priya. The judge arranges a meeting with a court-appointed mediator to help Ravi and Priya discuss and possibly agree on a joint custody arrangement.
2. Adjournment for Settlement: During the proceedings, it becomes apparent that Ravi and Priya might reach an amicable settlement if given more time. The judge adjourns the case for two months, allowing both parties to attend counseling sessions and mediation meetings to work out a mutually agreeable custody plan.
3. Additional Powers: Even if the mediation does not result in a settlement, the judge retains the power to adjourn the proceedings further if there is a reasonable possibility that more time might lead to a settlement.

Example 2:

Scenario: Property Dispute Among Siblings

Three siblings, Anil, Sunil, and Meena, are involved in a legal dispute over the division of their deceased parents' property. The case is filed in the Civil Court under Order XXXIIA of the Code of Civil Procedure, 1908.

Application of Rule 3:

1. Initial Effort for Settlement: The judge, understanding the familial nature of the dispute, encourages the siblings to settle the matter amicably. The judge suggests that they engage in a family meeting facilitated by a neutral third party to discuss the division of the property.
2. Adjournment for Settlement: During the initial hearings, the judge notices that the siblings are open to negotiation but need more time to discuss the terms. The judge adjourns the case for three months, allowing the siblings to negotiate and possibly reach a settlement without further litigation.
3. Additional Powers: If the siblings show progress but need additional time, the judge can use the power to adjourn the proceedings again, ensuring that every reasonable opportunity for settlement is explored before proceeding with a full trial.

Example 3:

Scenario: Dispute Over Family Business

A family-owned business is facing a dispute between two brothers, Raj and Vijay, over the management and profit-sharing of the business. The case is brought before the Civil Court under Order XXXIIA of the Code of Civil Procedure, 1908.

Application of Rule 3:

1. Initial Effort for Settlement: The judge, recognizing the importance of maintaining family harmony and the business's stability, first attempts to mediate between Raj and Vijay. The judge arranges for a business mediator to help the brothers discuss and possibly agree on a new management and profit-sharing arrangement.
2. Adjournment for Settlement: During the proceedings, it becomes apparent that Raj and Vijay might reach an amicable settlement if given more time. The judge adjourns the case for two months, allowing both parties to attend mediation sessions to work out a mutually agreeable business plan.
3. Additional Powers: Even if the mediation does not result in a settlement, the judge retains the power to adjourn the proceedings further if there is a reasonable possibility that more time might lead to a settlement.