his law is only relating to t he pending cases, he 'ivil #rocedure 'ode $Amendment% Act, has been enacted to introduce Alternative Dispute Resolution $ADR% system for early and consensual disposal of civil suits. Bowever there remain some limitat ions too, it will not e)empt the disputant parties from the appearance before the court. 't empowers the court to solve the matter through mediat ion or conciliation before the beginning of the trial e)cept case under Artha Rin Adalat Ain. +y he 'ode of 'ivil #rocedure $Amendment% Act, two new sections were incorporated $sect ion =A, =+% in the code.
't is no t ins tit uti onal i(e d, but bot h the com mun ity mem ber s and the dis put ant s acce pt it. o rm al ly au th or it y do es no t ch al le ng e it. 't is an age-old tradition of society through which disputes are resolved amicably and wh ic h co nc er ne d pa rt ie s ac ce pt. hrough ADR settlement of disputes can be done in many formal and informal ways but here ADR emphasis is mainly on the settlement of disputes by local community initiatives. Alternative Dispute Resolution refers to the means of settling disputes without going through legal procedures. We are drifting into a stage of aimlessness, inertia, inaction and helplessness.any conscientious judges and lawyers have done what they could under the circumstances, but their sincerity has been drowned into the general morass of malfunctioning of the court system. 't delivers formal justice and it is oblivious of the sufferings and woos of litigants, of their waste of money, time and energy and of their engagement in unproductive activities, sometimes for decades.ost of us who are or were in the judiciary and were or are practicing in the +ar think that nothing can be done about it, or, at least, we have no role to play in the matter, either individually or collectively.
Contained in those rders, the issues of a case are seldom framed following the 'ode of 'ivil #rocedure, the case takes several years to reach a settlement date and on the date of positive hearing half a do(en or more ready cases are fi)ed for hearing, resulting in the hearing of none. When a civil case is instituted in a court of competent jurisdiction, the scenario usually is, that a long time is taken to serve the process, the defendants beat the law and submit their written statement/s after a long delay beyond the permissible statutory period of two months, lawyers and judges do not take any interest in screening out a false and frivolous case at the first hearing of the case under rder! '#' $in fact no such first hearing takes place%, they seldom try to shorten the disputed &uestions of fact and law by application of rders!' ' of the '#' and mostly ignore the elaborate procedure of discovery, interrogatories, notice to produce etc. Means Alternative Dispute Resolution, mostly applied to civil cases.
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