PREM SINGH CHAUHAN Vs. L.M. PANDEY

JUDGEMENT

(1.) It is submitted by Counsel for the parties that parties are more or less broadly agreed to settle the matter and they want to compromise the matter amicably with certain terms mentioned in the application and further they are desirous to refer the matter to Lok Adalat for settlement in view of provisions contained in the new Section 89 of CPC, so that the dispute can be settled finally. It is pertinent to quote the new Section 89 which has been introduced in the Code of Civil Procedure. This provides for settlement of disputes etc., and reads as under :--

(2.) Counsel for the parties relied on a decision of the Supreme Court Salem Advocate Bar Association, Tamil Nadu v. Union of India, reported in 2003(1) M.P.H.T. 96 (SC) = AIR SCW 4627, in which it has been held in Paragraphs 9 and 10 as under:--

(3.) Having heard Counsel for the parties and in view of the provisions contained in Section 89 of CPC as amended, the judgment of the Supreme Court in case of Salem Bar Association, Tamil Nadu (supra) and as prayed by Counsel for both the parties, the matter is referred to Lok Adalat for amicable settlement expeditiously. The Lok Adalat may keep in view the terms indicated in the application (LA. No. 126 of 2003) filed here before this Court by the parties.