Code of Civil Procedure, 1908 · Order XXVII: Suits By Or Against The Government Or Public Officers In Their Official Capacity

Order XXVII Rule 5B CPC: Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement

Bare Act text

5B. Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement.—(1) In every suit or proceeding to which the Government, or a public officer acting in his official capacity, is a party, it shall be the duty of the Court to make, in the first instance, every endeavour, where it is possible to do so consistently with the nature and circumstances of the case, to assist the parties in arriving at a settlement in respect of the subject-matter of the suit.

(2) If, in any such suit or proceeding, at any stage, it appears to the court that there is a reasonable possibility of a settlement between the parties, the Court may adjourn the proceeding for such period as it thinks fit, to enable attempts to be made to effect such a settlement.

(3) The power conferred under sub-rule (2) is in addition to any other power of the Court to adjourn proceedings.]

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

In every suit or proceeding to which the Government, or a public officer acting officially, is a party, the Court must first make every endeavour, where possible consistently with the case's nature and circumstances, to assist the parties in arriving at a settlement. If at any stage there appears a reasonable possibility of settlement, the Court may adjourn the proceeding for such period as it thinks fit. This power is additional to its other adjournment powers.