• Lok adalat - recall - jurisdiction - language in HC

The Lok adalat (and not by a permanent Lok adalat) passed an order, in the referred matter from Civil Court. This order is obtained by playing fraud on Court and behind the back of respondent (me) and this can be proved 100% with evidence - need not to worry about this). Therefore I have few questions from the said order, which are as below. 

01. As per the SC judgments :
Award Of Lok Adalat Can Be Challenged Only By Filing Writ Petition And Not By Way Of Separate Suit – Supreme Court [Read Judgment] SEPTEMBER 8, 2017 and SC Judgment of “State of Punjab v/s Jalour Singh and others (2008) 2 SCC 660”

QUESTION:
In view of above SC judgments.

A).Whether the Civil Court will allow me to file such application of recall in view of above mentioned SC judgment.?

B).What is limitation act says that recall order should be filed within 30 days from date of order or from the date of knowledge.?
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02. It is clearly mentioned in “The National Legal Services Authority (Lok Adalat) Regulations, 2009” in regulation at serial No. 10 : “ (1) Lok Adalat shall get the Jurisdiction to deal with a case only when a Court of competent jurisdiction orders the case to be referred in the manner prescribed in Section 20 of the Act or under section 89 of the CPC, 1908 (5 of 1908)”.

And as such “Section 20 of the Act (The Legal Services Authorities Act, 1987 (39 of 1987) or under section 89 of the CPC, 1908 (5 of 1908) has the provision which is mandatory “Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such Court except after giving a reasonable opportunity of being heard to the parties”.

It is crystal clear from records that, Not a single time either Civil Court (where the case was pending and then referred to the Lok Adalat) or Lok Adalat has given opportunity to me of being heard.

In view of above provisions it is 100% clear that the Lok Adalat only gets Jurisdiction if the opportunity is given to all litigant parties to the matter, if this is not done then the order passed by Lok Adalat is without jurisdiction (Apparently seen or on face) and is nullity. 

QUESTION:
Whether the order of court when apparently seen without jurisdiction then the same is not executable and need not to be set aside and ignore the same being not executable?. 
(I have few SC and HC judgments, still I need your advice whether I should ignore the order or should I move application to set aside the same.
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3. What language one should use in proceeding before the High Court, if he wants to appear in person but less command over English.

QUESTION:
Whether HC will grant a permission to conduct the matter in regional language, if WP filed in person.
Asked 4 years ago in Civil Law

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7 Answers

You ought to file writ petition to set aside Lok adalat order

2) civil court will not grant you any reliefs in suit filed by you and direct you to file writ in HC as per SC judgments cited herein above

3) recall order should be filed within period of 30days of receipt of certified copy of order

4) petition has to be filed in English language

5) you can argue your case in regional language if you are not comfortable arguing case in English language

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

1. A civil suit under section 9 of CPC is always vested with the civil court so a suit for declaration for setting aside the decree or declaring it as null and void under section 34 of Specific relief Act always be filed.

2. However since writ jurisdiction is cast upon the high court to challenge such consent decree , you can opt for such recourse as well.

3. the official language in high court is English only.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You can file writ petition in HC. In your case you can argue in English only as the language of court is English.

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

1. Sir you should file a writ before the HC as advised before, civil court shall allow you to file application under 151 CPC but it can reject same so better for proper remedy engage a good HC advocate and File a writ.

2. the order without jurisdiction need to be set aside but for that it need to be challenged before the Superior court.

3. Sir language of filing and argument both are in English.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. if no opportunity was given to the respondent before referring the matter to Lok Adalalt, then the referral order of civil court is itself void and consequently the order of lok adalat is also void

2. you will have to challenge the lok adalat order by filing a writ petition in high court

3. recall application has to be made to the court which passed the order which you seek to recall. Therefore if you wish to recall the lok adalat order, then you need to file a recall application with the lok adalat itself and not to the civil court

4. limitation period for filing above application is 30 days from the date of knowledge

5. if there is delay then you can always take out a separate application for condonation of delay alongwith the recall application OR you may include a prayer to condone the delay if any in filing the recall application, in the recall application itself

6. if you are filing the writ petition in high court, then the language of the petition has to be English. However if you appear as a party in person, you can use local language like Hindi or Marathi if the judge is acquainted to such language. There wont be any problem and the judge will not refuse to hear you just because you make submissions in another language, other than English

7. even though the lok adalat order may be null and void, you will have to challenge it in high court by filing writ petition. Otherwise if such an order remains unchallenged then it can be executed, even if its null and void, in absence of any challenge by the party in the proceeding in which this lok adalat order is passed

8. i have noticed that you have raised multiple queries on this issue in the past too. I remember in your last query, you had stated that you do not have any issue with the contents of the lok adalat order but you have a problem with the manner in which the lok adalat order came to be passed i.e. in your absence and without your signature on the consent order

9. you can call me if you wish to discuss this matter. because you are just going round the bush

10. also please remember if you appear as a party in person you will have to first obtain an order from the In Person Committee set up by the High Court, to seek permission of the IPC to appear as a party in person in this matter

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

QUESTION:

In view of above SC judgments.

A).Whether the Civil Court will allow me to file such application of recall in view of above mentioned SC judgment.?

You have stated that only writ is permissible for challenging the lok adalat orders, then how do you expect the civil court to interfere in the decision of the lok adalat?

B).What is limitation act says that recall order should be filed within 30 days from date of order or from the date of knowledge.?

The limitation shall be 30 days from the date of receipt of the order.

3. . What language one should use in proceeding before the High Court, if he wants to appear in person but less command over English.

It is English to be used in high court, if you are not conversant, then take the help of an advocate who practice in high court.

QUESTION:

Whether HC will grant a permission to conduct the matter in regional language, if WP filed in person.

It is English in high courts and not in any local or vernacular language

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

Application of whatever nature will file in via Writ in High Court.

No Limitation for filling Writ but should file within reasonable time. Limitation starts from knowledge of order.

No jurisdiction still same shall be declared by High Court. ( order without jurisdiction is nullity ) , If you will not abide the order, other party will go to court than you have can prove this, lack of jurisdiction and order obtained by fraud.

This will save and time money both, let the other party approach court for execution.

You can request for argument in Hindi or in regional language, depends on Court discretion if allow or not.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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