1. Sir award of lok adalat cannot be challange in a review petition a writ petition has to be filed to challange same before the high court.

2. Since final decree is passed the original suit now stand disposed off.

hello,

the apex court has held that the appeal against consent decree is not maintainable. It has also held that the party has to approach the Court which passed consent decree and establish that there was no compromise.

the only remedy available to a party to a consent decree to avoid such consent decree is to approach the court which recorded the compromise and made a decree in terms of it and establish that there was no compromise. In that event, the court which recorded the compromise will itself consider and decide the question as to whether there was a valid compromise or not. This is so because a consent decree is nothing but a contract between parties superimposed with the seal of approval of the court. The validity of a consent decree depends wholly on the validity of the agreement or compromise on which it is made.

regards

hello,

where an award is made by the Lok Adalat in terms of a settlement arrived at between the parties (which is duly signed by parties and annexed to the award of the Lok Adalat), it becomes final and binding on the parties to the settlement and becomes executable as if it is a decree of a civil court, and no appeal lies against it to any court. If any party wants to challenge such an award based on settlement, it can be done only by filing a petition under Article 226 and/or Article 227 of the Constitution, that too on very limited grounds.

http://www.livelaw.in/award-lok-adalat-can-challenged-filing-writ-petition-not-way-separate-suit-supreme-court-read-judgment/

This will satisfy your query further under 226/227 you will get speedy remedy.

hello,

an earlier apex court decision had stated that the aggrieved can go to the court which passed the order. but later on, the Apex court has stated what I have said in my 2nd answer. the decision is state of Punjab v jalour singh which is the later decision. therefore you should go to the HC.

regards

1. If there is apparent typing mistake or human error is there then review application ca be filed before the lok adalat.

2. Even though the proceeding is disposed of but for the purpose of review it is still alive.

3. Since you are not challenging the compromise decree but applying for Review on the limited scope of the provision there is no need to go before the high court.

SC has held Award Of Lok Adalat Can Be Challenged Only By Filing Writ Petition And Not By Way Of Separate Suit –...

2) As per the law laid down in State of Punjab v. JalourSingh and others (2008) 2 SCC 660, the only remedy to challenge an award of Lok Adalat was writ petition under Article 226/227 of the Constitution of India...

You should file writ petition in HC only

2) no suit is maintainable to set aside award passed by Lok adalat

Dear Client,

Lok Adalat pass the award with the consent of the parties, therefore there is no need either to reconsider or review the matter again and again, as the award passed by the Lok Adalat shall be final. Even as under Section 96(3) of C.P.C. that "no appeal shall lie from a decree passed by the Court with the consent of the parties".

As per SC - Order of Lok Adalat can only be challenged by filling WRIT.

you do not wish to challenge the Lok Adalat order?

so then on what basis you wish to file a review?

that the compromise order passed by lok adalat was not signed by you?

if you do not wish to challenge the lok adalat order then it means that even if some impersonator signed against your name, you are ok with what is ruled by the lok adalat in the consent order? right?

if you do not wish to challenge the lok adalat order then does not it mean that you are agreeable to the compromise which is recorded in the order, of which you seek a review?

what part of the compromise recorded in lok adalat order are you not comfortable with?

a review can be filed only with the court which passed the order, of which review is sought

so if lok adalat has passed the order and you want that to be reviewed, then you need to file review application with the lok adalat and not with the civil court

if you are aggrieved by the lok adalat order, then your remedy is to file a writ petition, as appeal is barred against order of lok adalat

1. Whether challenge or review, both are same.

The orders passed by lok adalat cannot be challenged until the order obtained by playing fraud on court is proved.

2. In Maharashtra, when valuation of a suit goes beyond the pecuniary jurisdiction of a Civil Judge junior division, it has to be registered as Spl Civil suit and it is to be tried by a Senior Division Judge. All other suits within the pecuniary jurisdiction of a Civil judge Junior division are treated as regular suits.

Both the replies are correct.

The supreme court has clearly given the verdict however one can approach high court invoking article 226 of the constitution which may be more efficacious