Section 151 of CPC and Article 226/227 of Indian Constitution
QUESTION NO. 1: BELOW IS BRIEF.
I have three judgments of Supreme Court of India. Out of first two states that, Lok Adalat award only can be challenged in HC by filing the writ under article 226/227 of Indian Constitution. While third judgment of Punjab Haryana High Court at Chandigarh mentioned about SC’s decision which disposed on 30.09.2010 states that Respondent to approach the Lok Adalat for setting aside the decree on the ground of fraud. Accordingly respondent filed the application in Civil Court under section 151 (read whole judgment) and won the case.
1.) State of Punjab v. Jalour Singh 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. …
2.) IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.11345 OF 2017
(Arising out of S.L.P.(C) No.23605 of 2015)
Bharvagi Constructions & Anr. ….Appellant(s)
VERSUS Kothakapu Muthyam Reddy & Ors…Respondent(s) decided on September 07, 2017 by SC.
3.) Punjab Haryana High Court
Harbhajan Kaur v Veer Kaur decided on
09.05.1016 in CR No. 5947/2014 (O&M)
Therefore,whether it will be correct to say that, two options are opened for petitioner who wants to set aside Lok adalat order obtained by fraud viz. Under Article 226/227 in HC or otherwise under section 151 of CPC in lower court as per the directives of SC in 2008, 2010.
QUESTION NO. 2 :
What is time limit to file the application/petition Under Article 226/227 in HC and under section 151 of CPC in lower court.
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Asked 6 years ago in Civil Law