New Delhi: The Supreme Court on Friday asked advocates to follow Mahatma Gandhi and persuade their clients not to go in for litigation and instead resolve the disputes through arbitration & mediation. A Bench of Justices Markandey Katju and Gyan Sudha Mishra said court cases drag on for years ruining both parties.Lawyers should advise their clients to try for mediation for resolving disputes,especially where family and business relationships are involved, it said.The Bench asked two brothers, BSKrishna Murthy and B S Nagaraj, who had appealed in the highest court,to appear before Bangalore Mediation Centre for a fresh shot at settlement.A few passages of Mahatma Gandhis book My Experiments With Truth on the futility of litigation impressed the Bench.It quoted Gandhi The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases.I lost nothing thereby not even money,certainly not my soul. The Bench pointed out that this was also the purpose of Section 89 of the Code of Civil Procedure. The provision in the code says: Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties,the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observation of the parties,the court may reformulate the terms of a possible settlement and refer the same for arbitration,judicial settlement including settlement through Lok Adalat.
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(source-TOI)
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