Bridging Settlement and Adjudication: A Study of the Code of Civil Procedure, 1908
- NLR Journal
- Mar 24
- 2 min read
By Utkarsh Srivastava, School of Law, Christ (Deemed to be University), Bangalore.
Abstract
This article delves into the significant integration of Alternative Dispute Resolution (ADR) mechanisms within India's Code of Civil Procedure (CPC), particularly through Section 89. This section, introduced in 1999, was a strategic response to the escalating burden on the judicial system. With a staggering 80,000 cases pending in the Supreme Court as of January 2024, ADR emerges as a crucial pathway to efficient dispute resolution, offering arbitration, mediation, conciliation, and Lok Adalat proceedings. The article meticulously dissects landmark judicial interpretations, such as the Afcons Infrastructure case, which elucidated procedural aspects of Section 89, and the Salem Advocate Bar Association case, which catalyzed the development of Model ADR Rules subsequently adopted by various High Courts.
The discussion extends to the procedural safeguards embedded in the CPC that ensure principles of natural justice and due process are maintained in both traditional litigation and ADR processes. The concept of res judicata under Section 11 is explored as a mechanism for ensuring finality of judgments. The article further examines the intricate balance of judicial oversight in ADR, which is crucial in maintaining court supervision while respecting party autonomy in dispute resolution.
The article concludes that the CPC's approach represents a sophisticated attempt to harmonize competing interests in the justice delivery system. It establishes a framework that encourages settlement while preserving judicial authority. This dual system not only reflects the adaptability of India's legal framework but also its dynamism and evolution in addressing contemporary challenges while remaining anchored in fundamental principles of justice, fairness, and legal precision.
Keywords: Alternative Dispute Resolution (ADR), Code of Civil Procedure (CPC), Section 89, Judicial Oversight, Res Judicata, Natural Justice
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