The question (15 marks)
Discuss section 89 of the Code of Civil Procedure 1908. State what the court must do before referring a dispute for settlement outside the Court, the four modes of settlement and the statute governing each, and the relationship of the section with Order X Rules 1A to 1C. Examine the criticisms of the section. (15 marks)
MU Module II, settlement of disputes outside the Court
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Of Suits of Civil Procedure Code 1908 and Limitation Act 1963.
Authorities you will need
- Code of Civil Procedure 1908, s. 89(1) and s. 89(2), clauses (a) to (d)
- Code of Civil Procedure 1908, Order X Rules 1, 1A, 1B and 1C
- Arbitration and Conciliation Act 1996, and s. 20(1) of the Legal Services Authorities Act 1987, as applied by s. 89(2)
- Salem Advocate Bar Association, Tamil Nadu v Union of India, upholding the validity of s. 89
- Afcons Infrastructure Ltd v Cherian Varkey Construction Co. (P) Ltd, on the modes and the drafting defects
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.