The LL.B Part 3, Semester VI students, given court observation assignment for the clinical (practical) paper namely ADR (Alternate Dispute Resolution) are back, ready with their feed back.

They are under instruction to collect inputs regarding the impact of Section 89 CPC.

Section 89 CPC states that where it appears to the Court that there exist elements of settlement which may be acceptable to the parties, the court shall formulate terms of settlement and do other prescribed things including resolution by arbitration, conciliation, judicial resolution in lok adalat, mediation, etc.

The inputs which the students have collected are indeed astonishing. Lawyers whom the students contacted for the purpose expressed wonder why the students were after this practically defunct legal provision which the bar and the bench, both, prefer to bypass in a routine manner. In fact some students said that their query fetched lawyers' despising response, wondering the stupidity they perceived in law students', better say law academicians', lack of wisdom in prescribing such a topic of no practical use for practical or clinical paper.

Even the students seem to have been overwhelmed by remorse that they ventured out with such an imbecile assignment.

The above narrations are intended at offering an insight into what does not, ordinarily, meet the eye, whereas the legal segment is generally credited with extraordinary capabilities, especially the ability to interpret even obscure things.

Firstly, it may be seen that the legislative intents behind the above legal provision has received scant regard from the bar and the bench alike. Why? No one has time to waste over this poser. Not even the law students, who have received no encouragement from the legal practioners in the matter.

Secondly,even the legal practioners did not consider it worth while to help the students in developing an indepth court observation on the above subject. Mind application on off beat subject is not their cup of tea, it seems.

The students have not even been helped in  gathering the actual state of affairs in the matter, hence the teacher has taken upon himself the tedious task of enlightening the students with an insight to prepare their project in a manner as to be realistic, objective and critical.

The first and the foremost clue whiich the students have been given is to read S. 89 with intently, word by word, without skipping important message and meaning each word carries.

The  words and expression, 'where it appears to the Court that there exist elements of settlement which may be acceptable to the parties ........' is important.

The above expression does not disclose the stage of a proceeding when S. 89 CPC must or must not be applied, for the expression, ''where it appears to the Court" , does not limit nor confine the stage of its invocation by the court. As such, its invocation may or may not arise, much less at any specific stage.

However, in practice, this provision is treated as something akin to stumbling block. Why so? 

This is precisely what the students failed to make outvdue to lackadaisical response they received in their court observation exercise.

Now that the students are duly briefed, they are unlikely to return empty handed, as before.    More importantly, their investigation may startle those who have still not comprehended the mediocrity that besets the justice delivery system.