A Perusal of Section 89 of Civil Procedure Co...

A Perusal of Section 89 of Civil Procedure Code 1908

Author Name : Dr. Sharafat Ali

ABSTRACT

This paper is related to section 89 of Civil procedure code 1908 and tries to bring out everything related to the section from its making to its amendment. From the point of view through which this very section was made, to how effective and efficient this section has proved itself. The section has witnessed many changes with regard to the time and such changes in the section have always been proved to be a step forward and have made the section move forward towards its goals. The Section obviously deals with some drawbacks but the positive part of the section is so much more important than the basic irregularity is being tried to be removed from time to time through committees, judgements and recommendations so that the basic idea or purpose behind the section could be achieved. There are many instances in which because of this section there has been a speedy trial and justice has been served on time. This paper also focuses on leading judgements that led to the evolution of the section from a basic idea to a complete set of rules.

The paper also focuses on its drawbacks and the golden purpose it fulfils. People are of the view that the structure of section 89 is not correct and even the section is made in a haphazard manner and thus creating a lot of confusion among the interpreter. The project tries to bring out this part of the action too, so that the readers may have a clear view of the section, with all the incidents and processes it has gone through.

Keywords: Alternative Dispute Resolution, Civil Procedure Code, Malimath Committee.