How erroneous order or fraudulent order or order not related to suit matter binds, decree holder
I had filed a suit in civil court for specific performance, which was decreed in my favour, accordingly I filed decree for execution. Opponent had filed first appeal which was pending. The said Appeal was referred to Lok adalat suo moto by Appellate court. On the fixed date the Lok Adalat disposed of original suit and appeal as per the compromise pursis filed by Appellant and one person (instead of me).
1.That one person (referred as xyz hereinafter) is not related to suit or appeal
2. I, being only respondent in appeal was not present at the time of hearing in Lok adalat, in fact I was sick on the same day.
3. I did not sign on any paper of lok adalat proceedings.
4. Appellant stated before Lok adalat that the xyz is second respondent in the original suit and appeal. This statement was supported by both advocates. Therefore, believing on statement and without reading exhibit 1 for legal parties, Lok adalat disposed off the entire matter.
5. In the matter of lok adalat no one was present from my side (neither my advocate who had taken discharge from my case few days before the Lok Adalat nor I was present before Lok adalat)
5. Execution petition proceeding is still on record of the executing court.
6. It is crystal clear that everything was done behind back of me.
When I have not signed the compromise pursis and compromise memo,
when my name is not present as a legal party in order of lok adalat,
when Appellant’s name and xyz’s name is on order of lok adalat,
When original suit was already disposed of long back by trial court.
When decree of trial court still alive.
“How the order of lok adalat will bind me in execution of decree proceeding”.
Please advise me correctly.
Asked 4 years ago in Civil Law
Compromise pursis and compromise memo are not signed by me, being a legal party in all proceedings. The said pursis and memo are signed by Appellant (Who is legal party in all proceedings) and one person (Who is not a party in any legal proceedings) in view of this How an order of lok adalat will bind me. Why one should knock the doors of Law when I am not a party in such order of lok adalat. If even presume that I have to file a writ petition in HC then also HC may not give the professional fees (that advocate will ask me while representing the matter) back. Therefore my simple question why one true party will pay for other's misdeeds. Any logic to this?
Asked 4 years ago