What is the procedure to restore a claim case in Lok Adalat.
Md Shadab Ansari
(Querist) 15 August 2010
This query is : Resolved
What is the procedure to restore a MV claim case in Permanent Lok Adalat.
A case for compensation for death was filed in Permanent Lok Adalat in 2007 but due to poverty the mother of the deceased couldnt attend the Lok Adalat,ultimately the suit was dismissed.
Now I want to know from the learned experts the procedure to restore the same.
Can I file the MV claim suit in Dist. & Session Court without restoring it if not then what is the procedure??
Kindly Guide me...
Thanks
Surender Dhull
(Expert) 15 August 2010
Prehaps you are not aware the real facts. First of all no case can be filed directly in the Permananet Lok Adalat. The claim case is to be filed in the MACT then it can be transferred to the Permanent Lok Adalat and if one of the party is not appeared in the Permanent Lok Adalat then the Permanent Lok Adalat send back the case fiel to the original court/ tribunal and that Permanent Lok Adalat has dismissed then the pary have right to file a Writ Petition before the concerned High COurt.
s.subramanian
(Expert) 16 August 2010
I agree with Mr.Surendar and would like to add the following:- You can approach the tribunal by filing an application to restore the claim suit under Order 9 Rule 9 of C.P.C.
aruntrivedi
(Expert) 16 August 2010
subra is right follow it
Md Shadab Ansari
(Querist) 25 August 2010
The suit was originally filled in PLA as Pre-Litigated case but due to default of the complainant it was dismissed.
