• Want to challenge Lok Adalat decree issue due to my absence as I did not get the notice

My relative is a adovocate. He has used his approach to hide the notice which was issue by lok adalat . Because of that i was unaware of the notice and make my self apper in fron of lok adalat. He got a degree because of my absence as per his plan. Is there any legal way to challenge that decree?
Asked 2 years ago in Property Law from Hajipur, Bihar
Religion: Hindu

Yes, you please go in appeal of that order, and try to show by your act that you were always ready to go for litigation proceedings but never received any notice if received then would have approached the court for sure.

Most of the appeal is accepted by the court, but I advice to hurry up the things as soon as possible.

Sanjay Baniwal
Advocate, South Delhi
5209 Answers
12 Consultations

5.0 on 5.0

Any award obtained by fraud can be challenged... please file writ petition before the high Court of your state duly explaining the fact situation and seek the relief for cancellation of lokadalat award / decree

Sricharan Telaprolu
Advocate, Hyderabad
46 Answers
5 Consultations

4.9 on 5.0

The award passed by lok adalat can only be challanged by filing a writ petition before high court under article 226 and 227 of constitution.

File a writ petition for setting aside award as it was arbitrary and against the natural justice as no hearing notice was given to you and the award was give exparte that is against the principle settled by law.

You shall get a relief from the high court so take prompt steps file a writ petition in high court.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

You can go for APPEAL if the decree was passed in your absence or without your consent.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Yes you can approach High Court with regard to that.

Ravi Kumar Singh
Advocate, Patna
52 Answers
2 Consultations

4.0 on 5.0

lok adalat decree is final and binding upon parties

2)Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law. ...

3) if you have not signed the award you can file writ petition in HC to challenge the said decree in the HC

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

Hon'ble Supreme Court of India in State of Punjab and another v. Jalour Singh and others, 2008(1) Apex Court Judgments 535 (SC), held that the Lok Adalat has no adjudicatory or judicial functions. Its functions relate purely to conciliation. It determines a reference on the basis of a compromise or settlement between the parties. It was held that the Lok Adalat has no power to hear parties to adjudicate a case. It discusses the subject matter with the parties and persuades them to arrive at a just settlement. It was, however, further held that the award passed by the Lok Adalat, in terms of settlement arrived at between the parties, duly signed by the parties and annexed to the award, is final and binding on parties. It is executable, as if it is a decree of a civil Court. No appeal against it lies to any Court. Such an award can only be challenged by filing a petition under Article 226 and/or Article 227 of the Constitution, and, that, too, on very limited grounds.

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

1. The settlement made at Lok Adalat is akin to a decree of a court and hence liable for execution in the same manner the decree of a court is executed.

2. However in Lok Adalat unless both parties appear and agree for settlement no final decision on the basis of compromise is made. So it is not clear how it was done in your case.

3. However if there was fraud or forgery done to get the decree then you can challenge the decree in civil court by filing a declaratory suit.

Devajyoti Barman
Advocate, Kolkata
19621 Answers
278 Consultations

5.0 on 5.0

Legal Services Authority Act, to which Lok Adalats owe their existence, makes it clear that there can be no award where no settlement or compromise is reached between the parties. Further, it is obligatory that the parties affix their signatures or thumb impressions for there to be a Lok Adalat award. In absence of a compromise or settlement, the Lok Adalat cannot make an award and is required to send the matter back to the court so that it can be taken up from the stage at which it was referred to the Lok Adalat.

You can file a writ petition praying for the the setting aside of the concerned Lok Adalat award on the grounds that it was made sans a compromise or settlement and/ or was obtained through fraud. It bears repeating that there is no such thing as an ex parte compromise; both sides have to be present and that too on the same page for there to be a legally enforceable and binding compromise or settlement. Further questions are welcome.

Pulkit Chandna
Advocate, New Delhi
171 Answers
3 Consultations

4.9 on 5.0

Dear,

as you mentioned that you are not aware of the notice.

then you should go to high court and file a appeal against this decree.

and mention all the reason in that writ.

you will defiantly get benefited.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Award Of Lok Adalat Can Be Challenged Only By Filing Writ Petition And Not By Way Of Separate Suit – Supreme Court [Read Judgment]...

Yogendra Singh Rajawat
Advocate, Jaipur
18591 Answers
22 Consultations

4.6 on 5.0

The exparte decree awarded by the lok adalat is not maintainable.

The lok adalat can pass a decree only after both the parties have appeared before it .

You can challenge the same in th regular court seeking injunction against enforcing the same.

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

Dear Sir,

Usually the decrees passed by lok adalath are more stronger than Civil Court decree. It can be challenged on the ground of fraud played by either opposite side or your advocate. Your absence is a good ground to challenge such decree passed against your interest as per the master plan of your advocate who appears to have colluded with opposite party.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5298 Answers
172 Consultations

5.0 on 5.0

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