• 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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It is my observation that many advocates post reply without reading the brief posted by me and answer just, which I feel not correct. I know that, unless advocate study the papers it is quite impossible to reply in legal frame. However my questions are on legal points and provisions in acts. I understand the same and try to compare with my case. If I feel, yes this is perfectly hits my question, I appreciate the sender. Secondly the fees of advocates are not within reach of a common person therefore many persons like me try to find out some solution by paying here, which may help to assist while proceeding in person. 

Thanks for all advocates who really take hardship to reply.
Asked 4 years ago in Civil Law

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6 Answers

Dear Client,

First of all, Judgment of SC will prevail over HC judgment.

Nest , you have wrongly interpreted judgment of Punjab Haryana High Court, In this matter also, applicant first approached the HC and than under directions of HC, filed application in lower court.

Sec 151 is inherent power of Court under which all applications are filed for appropriate order.

Better approach HIGH Court to save time - No Limitation for filling WRIT still it should be file in appropriate time.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

See the civil court under 151 CPC has power to pass such orders in interest of Justice so it can pass such order to set aside the Award but see as from your cases it can be directly seen that supreme court judgement shall have more binding effect however the position of law is clear in third judgement also but it deals with specific issue that can civil court set aside award under 151 CPC and answered in affirmative. I would suggest it would be better if you go by the writ jurisdiction of the high court it is more vast and disposal shall also be fast.

Sir in the second judgemet supreme Court discussed the applicability of order 7 rule 11 wherein the Punjab and haryana high court dealt specifically powers under 151 CPC.,

2. As such there is no time limit but in case there is delay same should be explained satisfactorily to it court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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...

3) in Bhargavi construction case decided in 2017 SC has held that the filing of the civil suit to challenge the award of Lok Adalat is impliedly barred and the remedy of the plaintiffs is to challenge the award by filing writ petition under Article 226 or/and 227 of the Constitution in the High Court

4) in para 27 , 28 of said judgment it was held

In our considered view, the aforesaid law laid down by this Court is binding on all the Courts in the country by virtue of mandate of Article 141 of the Constitution. This Court, in no uncertain terms, has laid down that challenge to the award of Lok Adalat can be done only by filing a writ petition under Article 226 and/or Article 227 of the Constitution of India in the High Court and that too on very limited grounds.

28) In the light of clear pronouncement of the law by this Court, we are of the opinion that the only remedy available to the aggrieved person(respondents herein/plaintiffs) was to file a writ petition under Article 226 and/or 227 of the Constitution of India in the High Court for challenging the award dated 22.08.2007 passed by the Lok Adalat. It was then for the writ Court to decide as to whether any ground was made out by the writ petitioners for quashing the award and, if so, whether those grounds are sufficient for its quashing.

5) you don’t hav e 2 options available.

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

There is some misunderstanding.

151 is not an appeal but an application.

It is filed before the same court and not before any appellate Court.

By filing application under s 151, we draw attention of the court about some mistake.

If there is no grand omission or mistake like fraud, no application possible under a 151.

I think you got it.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

1. The judgment of Punjab and Haryana High Court was with regard to whether the application filed by the respondent before the court below could be deemed as a review application so as to maintain the appeal before the appellate court. Read this "The sole question that calls for determination is whether the order dated 23.07.2014 passed by the Civil Judge (Senior Division) Kurukshetra, allowing the application filed by the petitioners under Order 23 Rule 3-A read with Section 151 CPC and setting-aside the award dated 07.03.2009 passed by the Lok Adalat is amenable to challenge in regular civil appeal filed before the First Appellate Court at Kurukshetra".

2. Award of Lok Adalat can be challenged only through a writ petition, not before the civil court. This has been laid down clearly by the Supreme Court.

3. There is no time limit to file the petition, albeit it has to be filed at the first available opportunity.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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.

You can opt for the supreme court decision on this.

What is time limit to file the application/petition Under Article 226/227 in HC and under section 151 of CPC in lower court.

There is no limitation for filing a writ petition before high court, however the limitation to file a suit before lower court shall commence from the date of order of lok adalat.

Thanks for all advocates who really take hardship to reply.

You are welcome for your appreciations.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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