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Report No. 77

8. Conciliation

(44) One of the methods which can be devised for relieving the Courts of the heavy load of cases is the adoption of system of conciliation of civil cases.1 The system is in force in Japan2 and Norway.3 It was previously in force in France; it was abolished a few years ago, but has been revived to a limited extent.4 It is in force for certain cases in Pakistan.5

1. Paras. 8.1 and 8.2.

2. Para. 8.3.

3. Paras. 8.4. to 8.6.

4. Para. 8.8.

5. Para. 8.9.

(45) In the countries in which it has been tried, the system of conciliation has not been an unqualified success. At the same time, the system is not with out its merit. The Commission recommends the setting up of conciliation boards on experimental basis in selected areas in disputes giving rise to claims for recovery of money not exceeding five thousand rupees.1

1. Para. 8.10.

(46) If the settlement is arrived at within three months, it should be reduced to writing, signed by all concerned and filed in court, like a compromise. If no settlement is arrived at within three months, the court should make an order to that effect. Even if no order about settlement having been not arrived is made within the above period of three months, the court shall presume that no settlement was possible.1

Such category of suits as may be considered proper may be kept out of the jurisdiction of the conciliation boards.2

1. Para. 8.11.

2. Para. 8.11.

(47) No plaint in the absence of a sufficient cause should be filed in court relating to a dispute mentioned above without the aggrieved person first approaching the conciliation board.

Suitable provisions may be enacted if this scheme is adopted.1

1. Para. 8.12.

(48) The setting up of such boards should be done only on experimental basis in certain areas.1

1. Para. 8.13.

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