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SECTION 89: A FACADE TO ALLEVIATE THE BURDEN OF CIVIL COURTS

SECTION 89: A FACADE TO ALLEVIATE THE BURDEN OF CIVIL COURTS

Section 89 of the Code of Civil Procedure, 1908 provides a Civil Court Judge with the opportunity to refer a case for Alternative Dispute Resolution (ADR) with the intent of reducing litigations and the burden of the courts to provide speedy justice. However, this section is not very effective in carrying out its intent because of the presence of multiple anomalies in its drafting which has caused many hindrances in the judicial process. The manuscript aims to provide analysis over the same for which, despite much deliberation by Judiciary and Commissions, no major changes have been incorporated. This manuscript provides certain suggestions comparing various models existing in foreign countries for benefitting the administration of justice and upholding the spirit of the provision.

SECTION 89: A FACADE TO ALLEVIATE THE BURDEN OF CIVIL COURTS

Section 89 of the Code of Civil Procedure, 1908 provides a Civil Court Judge with the opportunity to refer a case for Alternative Dispute Resolution (ADR) with the intent of reducing litigations and the burden of the courts to provide speedy justice. However, this section is not very effective in carrying out its intent because of the presence of multiple anomalies in its drafting which has caused many hindrances in the judicial process. The manuscript aims to provide analysis over the same for which, despite much deliberation by Judiciary and Commissions, no major changes have been incorporated. This manuscript provides certain suggestions comparing various models existing in foreign countries for benefitting the administration of justice and upholding the spirit of the provision.