prabhasamp2019@gmail.com 07 March 2019
Suhail suhail (LAWYER) 07 March 2019
1 what is lok Adalat, how it works
Adalat is a system of Alternative Dispute Resolution developed in India vide Legal Services Authorities Act, 1987
2 I'm ready to compromise by giving some time to vacate but what happens if tenant does not appear to lok Adalat
The Lok Adalat shall pass orders only when both the parties are presant and mutually reach to a compromise.in absence or if one of the parties does not agree to appear to get the dispute solved in the Lok Adalat ,then the case would be returned back to court.
3 will the court gives another date for tenant to appear;
Upon request the Summons can again be served to other party for appearance on next Date
4 is it necessary for both tenant/landlord to get compromise if either of the party wo'nt agree for compromise what happens next
If the parties failed to reach to any settlement/compromise no order shall be passed by the lok Adalat ;
5 if we compromise what will the court do weather it gives copies in writing signed by judge to both parties
Upon the compromise of parties the Lok Adalat shall pass an order and dipose off the Case, and the order shall be binding upon the parties.The parties shall submit their statement and that shall be recorded .
The parties can get certified copies of judgment.
6 what happens if tenant still not vacate how the lok Adalat will helpfull for me pls explain in details pls give ans for all the questions I will be wating
The Lok Adalat order is executable same as the decree of court.If the tenant failed to vace you can file an execution petiotion for iimplementation of the order.
NSV VARA PRASAD 07 March 2019
Chalk out the compromise terms and conditions first. After that discuss with your Counsel.
Rashi Chandok 07 March 2019
Dear Sir,
1. Lok Adalat is one of the Alternative dispute resolution mechanisms in India, it is a forum where cases pending or at a pre-litigation stage in a court of law are settled. They have been given statutory status under the Legal Services Authorities Act, 1987.
2. there are enough chances given to the respondent to appear and settle the matter but in case the tenant does not appear, the case is again transferred to the court and begin with normal proceedings where the court will decide on the basis of the proofs submitted.
3. As mentioned above, the court gives the respondent a fair chance to present its case to the court but if the respondent does not appear then, in that case, an ex-parte decree is passed by the court. An 'Ex parte decree' is a decree passed against the respondent in absentia. Despite service of summons, where on the date of hearing the only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the respondent.
4. In case both the parties do not reach a point to settle or compromise in Lok Adalat then the case is transferred to the court again. And the suit is contested by both the parties to prove their points.
5. Yes, you'll be getting in writing which is authorized by the Hon'ble court.
6. As mentioned above the case is transferred to Lok Adalat for settlement purpose in case that does not happen then the case is transferred back to the court. In case judgment is given in your favor then the tenant has to follow the orders of the court or else legal action would be taken against him/her.
Shashi Dhara 07 March 2019
pradeepsiddappadevaru hiremath 07 March 2019