Thursday 11 July 2013


Part I
The law teacher is engaging a practical class namely, Alternative Dispute Resolution. The LL.B sixth semester students have attained considerable maturity by now, having earlier accomplished practical lessons in moot court and court observation. The diligent students , before the teacher emarks upon the subject, eagerly await an explanation as to what and why at all there should be an alternative to dispute resolution, when laws exist that promise dispute resolution by the justice delivery system.
The teacher takes a pause, thinking where to start from, from the ground realities or from the arena which subsists only in the void and is for public consumption only , as opposed to what is real and that which accosts a litigant or a law practitioner in the applied side.
Teacher is caught in a dilemma. The dilemma stems from the conflict between what is and that which is professed, both being poles apart.
The teacher hides his dilemma and turns to Section 89 of the Code of Civil Procedure. He tells the students that they have to undertake another round of court observations to find out how do the Courts apply the mandate given by the said Section.,briefing the students with the substance of the said provision.
(Part II in next post)

No comments:

Post a Comment