Author(s): Rakesh Kumar Chaudhary

Abstract: Section 89 of CPC provides for settlement of disputes outside the court, wherein it appears to the court that there exist elements of a settlement, which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observation. After receiving the observation of the parties, if the dispute has been referred for arbitration and /or conciliation, the provisions of the Arbitration and Conciliation Act 1996 shall apply. In this article analysis of section 89 of CPC, applicability of provisions of Lok Adalat Act and 238th Law Commission Report has been discussed with conclusions and suggestions.

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