Code of Civil Procedure, 1908 / Order X

Order X Rule 1A CPC - Direction to Choose Alternative Dispute Resolution

Order X Rule 1A of the Code of Civil Procedure, 1908 (CPC), also called Order 10 Rule 1A, addresses the court's direction to parties to consider settlement outside court after admissions and denials have been recorded.

Text of Order X Rule 1A CPC

Heading: Direction of the court to opt for any one mode of alternative dispute resolution.

After recording the admissions and denials, the court shall direct the parties to the suit to opt either mode of the settlement outside the court as specified in sub-section (1) of section 89. On the option of the parties, the court shall fix the date of appearance before such forum or authority as may be opted by the parties.

The rule was inserted by the Code of Civil Procedure (Amendment) Act, 1999 and came into force on 1 July 2002. It operates with Section 89 CPC, which provides the statutory framework for settlement outside court.

Meaning and purpose of Rule 1A

The purpose is to identify civil disputes that may be resolved through an appropriate alternative dispute resolution (ADR) process rather than requiring a full contested trial. Once the court records which factual allegations are admitted or denied under Order X Rule 1, it directs the parties to consider the available settlement process. The court then fixes an appearance date before the selected forum or authority where applicable.

ADR means alternative dispute resolution: procedures for resolving disputes outside the ordinary adjudication of a contested civil trial. A referral is not itself a settlement, and the rules governing consent, enforceability and further proceedings depend on the selected process.

Section 89 CPC and available settlement processes

Section 89 is titled Settlement of disputes outside the Court. Under its established framework, the settlement mechanisms include:

Arbitration: a dispute is decided by an arbitral tribunal under the applicable arbitration law; an arbitration agreement or legally sufficient consent is ordinarily required.
Conciliation: a consensual settlement process under the applicable legal framework.
Judicial settlement and Lok Adalat: settlement facilitated through judicial or statutory legal-services mechanisms, as applicable.
Mediation: a neutral mediator assists parties in reaching their own mutually acceptable settlement, without imposing a decision.

Legislative update: The Mediation Act, 2023 contains, in Section 59 and its Fourth Schedule, a provision to substitute Section 89 CPC with a revised framework referring to arbitration, mediation, Lok Adalat and judicial settlement. The application of that substitution depends on the relevant commencement notification. The text of the enacted amendment should not automatically be treated as operative merely because it appears in the Act. Consult the latest official commencement notifications and the current CPC text before relying on the amended wording.

How the court applies Order X Rule 1A

Record admissions and denials: under Order X Rule 1, the court identifies facts admitted or disputed in the pleadings.
Consider suitability for settlement: the court examines whether the nature of the civil dispute permits an ADR referral.
Discuss the available mode: the parties are directed to consider an appropriate mechanism under Section 89 and the relevant procedural rules.
Fix the next appearance: where a forum or authority is selected, the court fixes a date for the parties to appear before it.
Return to court if necessary: if settlement efforts fail, the suit may proceed before the court in accordance with Order X Rule 1C and other applicable rules.

Related provisions of Order X CPC

Order X Rule 1 - Admissions and denials

The court ascertains and records which material factual allegations in the pleadings are admitted or denied. This stage precedes the direction contemplated by Rule 1A.

Order X Rule 1B - Appearance before conciliatory forum

Where a suit is referred under Rule 1A, the parties are to appear before the relevant conciliatory forum or authority.

Order X Rule 1C - Return after unsuccessful conciliation

Where the conciliatory forum considers that continuing the process would not be proper in the interests of justice, it refers the matter back and directs the parties to appear before the court on the fixed date.

Frequently asked questions

Does Order X Rule 1A require parties to settle?

No. It requires the court to direct consideration of an ADR option at the specified procedural stage; it does not guarantee a settlement or compel agreement to particular settlement terms.

Can every civil suit be referred to arbitration?

No. Arbitration depends on arbitrability and the legally required agreement or consent. Some disputes are unsuitable for private adjudication or particular ADR processes.

What happens if mediation or conciliation fails?

The matter may return to the civil court for further proceedings, subject to the governing procedural rules and any applicable orders.

Official legal sources

Updated: 13 October 2026. This article is general legal information; statutory commencement, local amendments and court rules should be checked for the relevant jurisdiction.