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2005 Supreme(MP) 778

Y.K.SABHARWAL, D.M.DHARMADHIKARI, TARUN CHATTERJEE
Salem Advocate Bar Association, Tamil Nadu – Appellant
Versus
Union of India – Respondent


Advocates:
arising from 2003(1) JLJ 171 and 2002 (2) BLJ 263.
K. Parasaran, C.S. Vaidyanathan and Arun Mohan with
K. V. Vishwanathan as Amicus Curiae,
T. Raja and P.N. Puri for Petitioner;
Devdatt Kamat, Shreekant N. Terdal and T.L.Y. Iyer with
Ms: Priya Puri and Sanjeev Sachdeva for Bar Council of India;
Gulam Vahnavati Solicitor General for Union of India;
Smt. Kiran Suri, Himanshu Buttan and Mali Santosh for intervernor.

JUDGMENT

Sabharwal, J.--1. The challenge made to the Constitutional validity of amendments made to the Code of Civil Procedure (for short, "the Code") by Amendment Acts of 1999 and 2002 was rejected by the Court (Salem Advocates Bar Association, Tamil Nadu P. Union of India [2003 (1) JLJ 171 = 2002 (2) BLJ 263 = (2003) I SCC 49], but it was noticed in the judgment that modalities have to be formulated for the manner in which section 89 of the Code, and for that matter, the other provisions which have been introduced by way of amendments, may have to be operated. For this purpose, a Committee headed by a former Judge of this Court and Chairman, Law Commission of India (Justice M. Jagannadha Rao), was constituted so as to ensure that the amendments become effective and result in quicker dispensation of justice. It was further observed that the Committee may consider devising a model case management formula as well as rules and regulations which should be followed while taking recourse to the Alternate. Disputes Resolution (ADR) referred in section 89. It was also observed that the model rules, with or without modification, which are formulated may be adopted by the High Courts concern











































































































































































































































































































































































































































































































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