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Anupam Sharma vs. State of Rajasthan & Anr.

52.00 5.20

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Code of Civil Procedure, 1908–Sec. 89–Civil Jurisprudence–Mediated Settlement Agreement through the Court –Scope for resiling from–If either party to a mediated settlement agreement is allowed to resile from the said agreement which has been executed in free and fair manner and in the presence of trained mediator, then it would be detrimental to the efforts made by Legislature and Judiciary to strengthen and formalize mediation as a vital mode of justice delivery system which in turn would discourage the parties from turning towards any forum of Alternate Dispute Resolution to get their disputes redressed–It is difficult to accept the allegation that the signatures of the respondent no. 2 were obtained on the mediated settlement agreement without her free consent–Settlement agreement is held binding upon the parties.