Reading the amended s 89 of the Code of Civil Procedure and the insertions of O 10 which of the foll...........

Civil Procedure Code (CPC) 1908 Withdrawal and compromise of suits

Reading the amended s. 89 of the Code of Civil Procedure and the insertions of O. 10, which of the following conditions should be satisfied before matter could be referred to an Alternate Dispute Redressal?

I. Existence of elements of settlement in the opinion of the Court

II. The parties must share the opinion of the court

III. Formulation of the terms of settlement by the court

IV. The court should invite the observation of the parties on the terms of settlement

V. Observations of the parties must be received by the court

VI. If need be, reformulate the terms of settlement and refer the same for Alternate Dispute Redressal contemplated un s. 89 of the Code of Civil Procedure

II, III

I, IV

I, V, VI

All of these

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Explanation:

Here is a breakdown of the conditions:

- I. Existence of elements of settlement in the opinion of the Court: The court must first identify if there are elements suitable for settlement.

- II. The parties must share the opinion of the court: It is not necessary for parties to agree with the court's opinion initially.

- III. Formulation of the terms of settlement by the court: The court should attempt to draft possible terms for a settlement.

- IV. The court should invite the observation of the parties on the terms of settlement: It must seek the parties' views on the proposed terms.

- V. Observations of the parties must be received by the court: The court should consider the parties' feedback.

- VI. If need be, reformulate the terms of settlement and refer the same for Alternate Dispute Redressal: The court might need to adjust terms before referring to ADR.

Analyzing these points:

- Option 1 lacks the necessity for parties to provide observations and reformulated terms.

- Option 2 omits key steps involving re-evaluation and modification.

- Option 3 is missing formulation and initial party opinion sharing.

- Option 4 encompasses all necessary steps mentioned and correctly outlines the procedure.