Salem Advocate Bar Assn. v. Union of India
(2005) 6 SCC 344 · Supreme Court of India
Section 89 and the 2002 amendments were upheld; courts must consider ADR and follow model case-management practice.
Unit V · Drafting, Pleadings and Conveyancing
Section 89, settlement and affidavits
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
ADR/affidavit checklist: identify the s. 89 process (arbitration, conciliation, Lok Adalat, mediation); draft a concise affidavit of facts in the first person; exhibit documents; swear before the authorised officer.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Code of Civil Procedure, 1908 | 89 | Settlement of disputes outside the Court |
| Code of Civil Procedure, 1908 | O. 19 | Affidavits |
| Code of Civil Procedure, 1908 | O. 23 r. 3 | Compromise of suit |
Landmark cases
Bhagwati Prasad v. Chandramaul
AIR 1966 SC 735 · Supreme Court of India
Once parties join issue, the court decides the real dispute, including terms they have in substance accepted.