Salem Advocate Bar Association, T.N. v. Union of India
(2005) 6 SCC 344 · Supreme Court of India
The 1999–2002 CPC amendments, including section 89, are valid; model case-management and ADR rules were directed to be framed.
Unit II · Civil Procedure Code and Law of Limitation
Section 89 and reference to ADR
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Code of Civil Procedure, 1908 | 89 | Settlement of disputes outside the Court |
| Code of Civil Procedure, 1908 | O. X r. 1A | Direction of the court to opt for any mode of settlement |
| Legal Services Authorities Act, 1987 | 20 | Cognizance of cases by Lok Adalat |
Landmark cases
Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd.
(2010) 8 SCC 24 · Supreme Court of India
Section 89 requires the court to formulate the terms of settlement and refer only suitable disputes; arbitration cannot be forced without an arbitration agreement.
Salem Advocate Bar Association, T.N. v. Union of India
(2003) 1 SCC 49 · Supreme Court of India
The first Salem round upheld the CPC amendments in principle and kept questions of workability for a committee.