Lok adalats - review/recall of its award

Anil Kumar Ahuja (Querist) 15 September 2011 This query is : Resolved
does a lok adalat have a right to recall or review its own award? plz refer provision and case law on this issue. thanks. AkAhuja

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Guest (Expert) 15 September 2011
kindly check with the attached file

Raj Kumar Makkad (Expert) 16 September 2011
The Lok Adalat will passes 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”. The award of the Lok Adalat is an order by the Lok Adalat under the consent of the parties, and it shall be deemed to be a decree of the Civil Court, therefore an appeal shall not lie from the award of the Lok Adalat as under Section 96(3) C.P.C. In Punjab National Bank vs. Lakshmichand Rah reported in AIR 2000 Madhya Pradesh 301, 304, the High Court held that “The provisions of the Act shall prevail in the matter of filing an appeal and an appeal would not lie under the provisions of Section 96 C.P.C. Lok Adalat is conducted under an independent enactment and once the award is made by Lok Adalat the right of appeal shall be governed by the provisions of the Legal Services Authorities Act when it has been specifically barred under Provisions of Section 21(2), no appeal can be filed against the award under Sec.96 C.P.C.”

prabhakar singh (Expert) 16 September 2011
Once the parties agree that the matter has to be decided by the Lok Adalat, then any party cannot walk away from the decision of the Lok Adalat.A compromise is always bilateral and means mutual adjustment. Settlement is termination of legal proceedings by mutual consent. If no compromise or settlement is or could be arrived at, no order can be passed by the Lok Adalat.Then where comes the question of review revision or appeal.

Chanchal Nag Chowdhury (Expert) 18 September 2011
No, unless there is a clerical error to correct.

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