Respected Advocates, Two days before, I had asked few questions on the subjected issue. Many Advocates replied to those questions, However I had forgotten to write few things hence sending the question on remaining or forgotten part, please read as below. i want to set aside the order passed by Lok Adalat, under section 151 cpc which is obtained absolutely by playing fraud upon Court and behind back of me by opposite party?. i have put this question because, i had been to HC, Mumbai and one of senior advocate has given me the advice that, i should recall the matter in trial court from which court the case was referred to lok adalat. therefore i am confused hence i am here on kaanoon platform. whether to knock the doors of HC under 226/227, or knock the doors of Civil court under 151 to set aside the fraudulent order passed in my absence. (please dont focus how the fraud is occured, as i know how it occured) my humble request advice me when i am confused with the question, for which i have posted once again. Thanks to every one who replied before and who will reply to this.
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Firslty, Sir, there has been a reason for advising you to recall it though the same court from where you had been referred to.
Secondly, through you can go for the Writ for Certiorari to set aside the order of the Lok Adalat, but as such there is no provision to go in appeal against the same.
Thirdly, Writ jurisdiction may entertain your grievance but not appeal for sure as there is no appeal provision.
You should file writ petition in HC to set aside order passed by lok adalat by fraudulent means
2) you should not file application before trial court
Award Of Lok Adalat Can Be Challenged Only By Filing Writ Petition And Not By Way Of Separate Suit ....
please let me understand why i should not recall the order of lok adalat on the basis of fraud played on court and behind the back of me though there is citation of SC 2008 and 2017 that one should file a writ in HC being no option left. But there are many SC decision which say that court has power to rectify the mistake of court in verifying the idendification of parties to the suit under 151 cpc.
Sir, though you may recall the same but there would a chance of not entertaining by the court as it depends upon the discretion of the court to actually see the fraud on the court.
Whereas if you go for Writ then for sure you may get some relief at the initial stage also.
rely upon SC judgments that writ is maintainable to set aside fraudulent orders passed by lok adalat
you must file writ petition as mentioned herein above
Sir as advice earlier it will be in best course to file a writ petition before the HC under article 226/227 Constitution for setting aside the award of the Lok Adalat that is fast and most effective remedy available to you. The HC shall order and remand the matter back to the trial court.
Sir there is no doubt there are decision that cpc 151 gives power to the court to set aside the order but that is the discretion trial court may not exercise it or may exercise it but based on the latest case of SC the remedy exist under writ jurisdiction of HC so you can opt for same. see the purpose is to set aside the order not to go in conflict of law or interpretation so based on SC decision file a writ. further the writ jurisdiction is broad and HC may freely exercise it.
So it would be best in Interest for you to without wasting time file a writ before HC to set aside the award of the Lok adalat.
The Allahabad High Court has ruled that though the awards of the Lok Adalats are final, the remedy to recall the order or award passed by it is not barred under the law, if the same was obtained by fraud or misrepresentation.
The court ruled that awards made by Lok Adalats within the territorial limits of the High Court are subject to judicial review under article 226/227 of the Constitution of India. Otherwise the aggrieved person would be left remediless.
Passing the judgment, the court has held that power to recall its order, which was obtained by fraud or misrepresentation, is inherent in every court, tribunal or statutory functionary.
Similarly, the awards made by Lok Adalats established under the act cannot be held to be immune from judicial review, as this court under article 227 of the Constitution has ample power of superintendence over the decisions of all the courts or tribunal throughout its territories
If you have more doubts you can ask.
Dear Client,
You must understand this, In LOK ADALAT, role of judge is restricted to agreement reached by parties and get the sign of both party on order with no applcaiton of Judicial mind.
And, in cases where court deliver judgment on merit of case and with application of judicial mind, only those orders can be recalled if obtained by fraud.
Court itself is having no power to set aside the Lok Adalat award.
Still your are confused , cant help it.
1. you are just going round and round. sorry to say
2. did you ask the senior advocate why a recall application is to be made to the trial court which referred the matter to lok adalat?
3. did you have any grievance against the matter pending before trial court from being referred to lokadalat?
4. if not, then i fail to understand why the trial court referral order is to be recalled?
5. you are aggrieved by the lokadalat consent order because you say that your signature is not appearing on the consent terms and you were not verified by the court at the time of passing the consent order - so you have to recall the consent order of the lok adalat
6. you can also file a writ petition in High Court - if the court feels that the complain is to be dealt with by the lokadalat and remands the matter back to lokadalat then you are always at liberty to withdraw your writ petition rather than take a dismissal order on your writ petition - atleast instead of going back and forth you will have some solution at hand as to which is the proper court before which you have to agitate your complain
The awards made by the Lok Adalats are usually out of the mutual agreement of the parties. So the award made is nothing but a compromise decree in effect. The Act itself, under Section 21, explicitly states that the award is final and binding and no appeal shall be preferred against the same.
Upholding the order of rejection of plaint, the Supreme Court held that the award of Lok Adalat can be challenged only by filing writ petition under Article 226/227 of the Constitution of India, and that civil suit seeking such remedy was not maintianable. The suit in question was filed seeking to set aside a settlement award of lok adalat passed in an earlier suit filed for specific performance of agreement of sale. The plaintiffs alleged that the award was obtained through fraud and misrepresentation.
The trial Court rejected the plaint invoking powers under Order 7 Rule 11(d), which enables the Court to reject the plaint if the suit appears to be barred by any law. 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. Relying on the said dictum, the plaint was rejected. However, the High Court set aside the order of rejection, and restored the suit. Against the order of High Court, the defendants approached the Supreme Court....
That apart, when this Court has laid down a particular remedy to follow for challenging the award of Lok Adalat then in our view, the same is required to be followed by the litigant in letter and spirit as provided therein for adjudication of his grievance in the first instance. The reason being that it is a law of the land under Article 141 of the Constitution of India (see – M. Nagaraj & Ors. Vs. U.O.I. & Ors. 2006 ( 8 ) SCC 212). It is then for the writ court to decide as to what orders need to be passed on the facts arising in the case....
Therefore in my opinion, you may have to approach high court based on the above supreme court judgment.
please let me understand why i should not recall the order of lok adalat on the basis of fraud played on court and behind the back of me though there is citation of SC 2008 and 2017 that one should file a writ in HC being no option left.
But there are many SC decision which say that court has power to rectify the mistake of court in verifying the idendification of parties to the suit under 151 cpc.
In the civil appeal No. 11345 of 2017 arising out of SLP(C) 23605 of 2015 in Bahrgavi construction vs. Kothkpu muthayam, decided on 07.09.2017, it has clearly stated the reasons, hence you may peruse the said judgment and may conclude on your proposal.
The only remedy for you right now is to approach High Court against the order of the Lok Adalat as no case is maintainable in any trial court for your matter.
The only plea you can take in your writ petition in high court should be that fraud had been played upon you in Lok Adalat's order and it should be set aside.
