Critically evaluate the provisions of Section 89 and Order X, Rules 1A, 1B, and 1C of the Civil Procedure Code concerning Alternative Dispute Resolution (ADR)
Critically evaluate the provisions of Section 89 and Order X, Rules 1A, 1B, and 1C of the Civil Procedure Code concerning Alternative Dispute Resolution (ADR). Ø Relevance of Section 89 of the Code of Civil Procedure The Malimath committee along with the 29th report of the Law Commission proposed the idea of Conciliation as a technique of ADR. The primary intention behind such a proposal was to make the public aware of the options available to them for resolving their disputes by utilizing the modes of Alternate Dispute Resolution. Accordingly, it led to the enactment of Section 89 of the Code of Civil Procedure. Section 89 of the Code of Civil Procedure was enacted through the Code of Civil Procedure (Amendment) Act 1999 and became effective from 01-07-2002. Thus, with the motive of bringing a significant reduction in the number of pending cases and its early disposition, Section 89 of the Code of Civil Procedure was amended. It provides the machinery ...