• 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.

Questions:
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

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13 Answers

1) you may not have signed the compromise memo but as on date appeal is disposed recording compromise entered into by the parties

2) since no appeal lies against lok adalat order you have to file writ in HC drawing attending to fraud played by the Appellant

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

You should firstly file an application for restoration of appeal and for setting aside the order of Lok adalat and appellate court.

Further you can also file a complaint to the Chief Justice with a copy marked to the District judge against all the proposed accused persons in the conspiracy.

Parallel to all this file a appeal of the order of Lok adalaat and appelllate Court. You have many options available to persue your case

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Sir it was done erroneously you have to file a writ petition before the high court to take step against the appellant as he played fraud and to set aside the order of the lok adalat. And further once the order is set aside you can go on with the execution.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since it was signed by someone else firstly note that the order is not binding on you. You need to bring it to the notice of district judge by sending him a letter along with certified copy of documents.

Secondly file a writ petition against order of the appellant court and make allegations of fraud committed by parties to suit also seek to set aside the order passed by appellate court.

Once the.order is set aside you can continue with the execution proceedings.

Any order passed due to error is not binding on you.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

you have decree from civil court

2)Execution petition proceeding is still on record of the executing court.

3) your execution proceedings would be disposed of in view of order passed by lok adalat

4) hence you have to take legal proceedings to set aside order passed by lok adalat

5) you can appear in person in HC

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Court will award costs to you by the opposite party for fraud committed by him which will help you pay your advocate fees.

Secondly it was fault of your advocate who may have not represented properly in appeal petition. Court will rely on available documents and submission made by your advocate.

Since matter was referred to lok adalath from the appeal preferred by your opponent so you.should have represented in lok adalath. If not challenged in high court it will be deemed to be binding on you.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You have filed execution of the trail Courts order which is still pending. The appeal filed was against the trail court order which is settled via Lok adalat. You need to raise your objections against the act committed behind your back which is directly related to your case. You have to file a writ petition in the concerned high court and make a complaint against the involved persons in the Lok adalat order to the Chief Justice of concerned high court and mark a copy to the concerned district judge also.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

See if it is passed under your case till it is not set aside it shall be binding upon you. You have to bring it before the notice of court that the appellant in your case has fraudulently taken the order.

Sir if you wont bring it notice of the court then you cannot expect court to take care suo moto if in your appeal case number the matter is decided fraudulently then you have to bring this before the notice of court and get it set aside,

No high court can cost other party and even direct police to register FIR as this fraud and criminal act.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Order is not bound and abuse of process of court, order obtained by playing fraud on court, both parties are subject to prosecution u/s 181, 182 IPC.

Court proceed with procedure not logic, You are open to file writ in HC (best remedy) with the prayer to declare order null and void, registered FIR against culprits and litigation cost from accused.

Courts do order cost to be paid to litigants depends on facts of case.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

File writ petition in HC and take appropriate directions against the fraud commited against you

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

The lok adalat order cannot be appealed.

However if you suspect fraud played by opponent in collusion with the lok adalat staff or the judge and the advocates, you may prefer a complaint to the vigilance of high court agaisnt this fraud and seek remedy agaisnt the fraudulent order, and if necessary you may file a writ seeking to cancel the fradulent judgment by lok adalat on the basis of impersonation and forgery etc or for playing fraud on court by false representation.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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?

If you want justice or relief you may have to follow the prescribed procedures, if you keep asking such questions you may not get any relief and you will be stranded.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

You have to challenge the lokadalath order by filing a suit. but, u can not find fault of the bench.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

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