Quashing lok adalat's order in high court
Balaji Bakthavathsal
(Querist) 21 March 2013
This query is : Resolved
Respected Learned Lawyers,
A group of fraudulent people attempted to grab our property. They made a Sale Agreement and registered the same with the Registration Department. Knowing that the Executor of Power of Attorney cancelled the POA, the power agent in connivance with the buyers (The buyers include the Power agent's wife) filed a freak suit in the District Court. In that suit, the wife of the power agent who is one of the buyer and who is living under the shadow of her power agent husband charged that the seller (her own husband with whom she is living) is NOT coming forward to execute the Sale Deed Registration. They then transfer the case to the Lok Adalat saying that they have come to a compromise and settle the issue. The Lok Adalat too issued and order directing the parties to conclude the Sale Deed Registration as per the compromise made among themselves. The pity is that the Lok Adalat, before issuing the order, NEVER bothered to see the Sale Agreement document in which it was clearly mentined that there is a Civil Dispute pending on the property and the seller sought 3 years time to hand over the possession. Well, I have solid reasons to quash the Lok Adalat Order because the Sale Deed was executed by the Power Agent after the cancellation of the Power of Attorney, the District Registrar Cancelled the fraudulent Sale Deed, FIR filed by the police against the fraudulent people and charge sheet filed on them. Now, my question is : Can I quash the Lok Adalat Order as it was dated 2009 and now it is 2013 ? Or is it time barred ? Please give your valuable opinion.
Thanks & Regards
Balaji
ajay sethi
(Expert) 21 March 2013
order obtained by playing fraud upon court is void .
The Supreme Court has held that any judgement, decree or order obtained by fraud has no legal sanctity and should be struck down as a nullity.
"Once it is established that the order was obtained by fraud, it is vitiated. Such order cannot be held legal, valid or in consonance with law. It is non-existent and cannot be allowed to stand," the apex court said.
Balaji Bakthavathsal
(Querist) 21 March 2013
Thanks Mr. Ajay. From your reply, I understand that there is no need to file a petition in the High Court to quash the Lok Adalat Order. Right ?
Thanks & Regards
Balaji
ajay sethi
(Expert) 21 March 2013
you have to move the lok adalat for setting aside said order .
Allahabad High Court has held that although the provisions of the Act are intended to make award of Lok Adalat arrived at on the basis of compromise or settlement between the parties to dispute as final and remedies of appeal, review and revision against the award of Lok Adalat are not available under law but being a tribunal of special nature, the remedy to recall the order/award passed by Lok Adalat on the Patna High Court CWJC No.13375 of 2011 (7) dt.24-02-2012 5/16
ground of fraud or misrepresentation or mistake of fact cannot be held to be barred under law, as power of recall its order on the aforesaid grounds is inherent in every court or tribunal or statutory functionary.
Balaji Bakthavathsal
(Querist) 21 March 2013
Sorry for mistaking your reply Mr. Ajay. Where should I file my quash petition ? In the same Lok Adalat or in the High Court ?
Thanks & Regards
Balaji
ajay sethi
(Expert) 21 March 2013
however Patna high court has held lok adlat has no powers to set aside award passed passed by it . the Patna high court has held that lok adlat is not a court and has no inherent jurisdiction . it has also distinguished allhabad high court judgement . so for setting aside award obtained by fraud you will have to move court
ajay sethi
(Expert) 21 March 2013
atna High Court - Orders
Surendra Singh & Ors vs Deo Muni Singh & Ors on 24 February, 2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13375 of 2011 ====================================================== Surendra Singh & Ors
.... .... Petitioner/s
Versus
Deo Muni Singh & Ors
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Akhouri Vipin Bihari Shri For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
SAHOO
CAV ORDER
18) In view of my above discussion, I find that the Permanent Lok Adalat constituted under Section 19 of the Legal Services Authority Act, 1987 has exceeded its jurisdiction and tried the issues i.e. adjudicated upon the dispute raised by the respondents regarding fraud and decided the matter as if the Permanent Lok Adalat is civil court. In my opinion, the Permanent Lok Adalat constituted under Section 19 of the Act has no jurisdiction to adjudicate upon a lis. Here, the dispute between the parties is regarding whether any fraud was committed or not. So far this dispute is concerned, the Permanent Lok Adalat has no Patna High Court CWJC No.13375 of 2011 (7) dt.24-02-2012 15/16
jurisdiction to decide the same as has been held by the Division Bench of this court referred to above. The Division Bench also held that the Permanent Lok Adalat has no inherent jurisdiction under Section 151 C.P.C.
(19) It appears that the decision relied upon by the respondents i.e. AIR 2009 Allahabad 109(supra) has not examined the position of law as has been held by the decision of Apex Court referred above. The Division Bench decision of this court is also contrary to the decision of the Allahabad High Court. The Allahabad High Court has not considered the case of 2008, State of Punjab and others vs. Jalour Singh(supra). Therefore, I do not agree with the view taken by the Allahabad High Court in the aforesaid decision.
(20) In the result, this application is allowed. The impugned order passed by the Permanent Lok Adalat is set aside. As has been admitted by the petitioners of Misc. Case that he is not party to the pre litigation case, the award of the Permanent Lok Adalat will not be binding on him as has been held by the Division Bench of this court in the case of Meena Choudhary(supra). However, if so advised, he may initiate appropriate proceeding before appropriate forum against the award of the Permanent Lok Adalat. Since the finding arrived at by the Permanent Lok Adalat Patna High Court CWJC No.13375 of 2011 (7) dt.24-02-2012 16/16
in the Misc. Case is without jurisdiction, it is nullity and cannot be taken into account in future litigation between the parties if any, or in the pending litigation between the parties, if any. (Mungeshwar Sahoo, J)
Saurabh/A.F.R.
Balaji Bakthavathsal
(Querist) 21 March 2013
Great Mr. Ajay Sir, No word to express my gratitude.
Thanks & Regards
Balaji
ajay sethi
(Expert) 21 March 2013
thanks for your appreciation
Raj Kumar Makkad
(Expert) 25 March 2013
You need to file a civil suit against the award of the Lok Adalat obtained through fraud.
