New Delhi, Feb. 19: The Supreme Court has counselled lawyers and clients to take a leaf out of Mahatma Gandhi’s book and resolve disputes, especially in family and business ties, through mediation to save time and avoid ruining litigating parties.

“In our opinion, the lawyers should advise their clients to try for mediation for resolving the disputes, especially where relationships, like family relationships, business relationships, are involved, otherwise, the litigation drags on for years and decades often ruining both the parties,” the top court said.

The court was dealing with a case involving two brothers, B.S. Krishnamurthy and B.S. Nagaraj. It quoted a passage from The Story of My Experiments with Truth, in which Gandhi referred to the case of one Dada Abdulla he took up in South Africa. Abdulla was Gandhi’s client and his case as “very strong indeed, and that the law was bound to be on his side”, Gandhi wrote.

“But I also saw that the litigation, if it were persisted on, would ruin the plaintiff and the defendant, who were relatives…. Should it be allowed to continue to be fought out in court, it might go on indefinitely….

“Both, therefore, desired an immediate termination of the case, if possible. I approached Tyeb Sheth and requested and advised him to go to arbitration…. I suggested to him that if an arbitrator commanding the confidence of both parties could be appointed, the case would be quickly finished,” Gandhi wrote.

“The lawyers’ fees were so rapidly mounting up that they were enough to devour all the resources of the clients….

“In the meantime mutual ill-will was steadily increasing….

“I also saw for the first time that the winning party never recovers all the costs incurred.… I felt that my duty was to befriend both parties and bring them together. I strained every nerve to bring about a compromise. At last Tyeb Sheth agreed.”

“An arbitrator was appointed, the case was argued before him, and Dada Abdulla won….

“It was impossible for Tyeb Sheth to pay the whole sum of about (South African currency) 37,000 and costs. He meant to pay not a pie less than the amount…. There was only one way. Dada Abdulla should allow him to pay in moderate installments. He… granted Tyeb Sheth installments spread over a very long period.

“…both were happy over the result, and both rose in public estimation….

“My joy was boundless…. I realized that the true function of a lawyer was to unite parties riven asunder….”

The bench then suggested lawyers and litigants should follow Gandhi’s advice and try for arbitration/mediation. “This is also the purpose of Section 89 of the Code of Civil Procedure.”

The court directed both brothers to appear before the Bangalore Mediation Centre on Monday. It will hear the case again after receiving a report from the centre.

The bench, comprising Justices Markandey Katju and Gyan Sudha Misra, delivered the judgment on January 14, 2011.