Lok adalat power deciding bonafide of title if both parties agreed
varma
(Querist) 09 November 2011
This query is : Resolved
If one of the party made application to district legal service authority to dissolve their legal problem & district legal service authority referred that case to lokadalat since case involves prelitigant & if both parties agreed before Lokadalat that they stand & obey the final award made by Lokadalat for conclusions on title declaration which is in dispute by putting terms of condition that one of the party who got the title will pay amount of 20% of market value to other Lost party.
1)since both party jointly put terms of comperomise condition that they obey conclusions of Lokadalat & they settle amount,In this situation whether LOKAdalat has judicial power to proceed which party had right title with available evidence& make conclusions on bonafide of Title which is in dispute
ajay sethi
(Expert) 09 November 2011
the objective of lok adalat is to help parties reach an amicable settlement .
The [Lok Adalat or Permanent Lok Adalat] shall, for the purposes of holding any determination under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:- •(a) the summoning and enforcing the attendance of any witness and examining him on oath;
• (b) the discovery and production of any document;
• (c) the reception of evidence on affidavits;
• (d) the requisitioning of any public record or document or copy of such record or document from any court or office; and
• (e) such other matters as may be prescribed
ajay sethi
(Expert) 09 November 2011
All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of IPC
(4) Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec 195 and Chapter XXVI of Cr.P.C.
varma
(Querist) 09 November 2011
mr.ajay setti sir,PLZ answer for my above question straightly so that i can understand easily whether LOKAdalat has judicial power to proceed which party had right title with available evidence & make conclusions on bonafide of Title which is in dispute OR only regular civil court has that power
ajay sethi
(Expert) 09 November 2011
yes it has the power of civil court . however as to the title of the property civil court can decide . it helps in settlement between parties
Sankaranarayanan
(Expert) 09 November 2011
yes well explained by mr sethi for your query,
Rajeev Kumar
(Expert) 09 November 2011
Yes Mr.sethi has given enormous time and explained well your query. No need of addition