ram 01 March 2015

What does lok adalat do if defendant do not appear

What does Lok Adalat or Permanent Lok Adalat do if the Defendant do not appear in the court?

9 Replies

N.K.Assumi (Advocate) 01 March 2015

Consider this: if the defendant appears and refused the compromise or any other option made by the plaintiff, what can be done by the Lok Adalat? NOTHING.

G.L.N. Prasad (Retired employee.) 01 March 2015

But in some cases ( in case of Public Utility services notified by Govt like transport, power, insurance, health) Permanent Lok Adalat can decide the issue which is binding on defendant..

N.K.Assumi (Advocate) 01 March 2015

You mean to say that, even if the defendant does not consent to the proposals also it is binding on the party against whom order is passed? I don't think this is the intention of the Act.

R.K Nanda (Advocate) 01 March 2015

LA will once again send summons to defendant to appear on next date.

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G.L.N. Prasad (Retired employee.) 01 March 2015

The presumption is that after giving bonafide opportunities to defendant for placing his arguments and even when he opposes.

Laxmi Kant Joshi (Advocate ) 01 March 2015

The lok adalat will send again a summon to the defendant to appear before the lok adalat on next hearing date .

N.K.Assumi (Advocate) 02 March 2015

Our Judicial systems is based on adversary systems, and to avoid this long drawn Court battles Lok Adalat was estabilshed with a kind of inquistorial systems from Supreme Court Level down to the Taluk level, but with the consent of the parties in the litigation battle. The moment one of the parties expresses unwillingness to arrive at compromise or settlement the Lok Adalat is stripped of its jurisdictions to deal with the dispute.

G.L.N. Prasad (Retired employee.) 03 March 2015

But in notified Public Utility cases, Lokadlat has the final say even defendant disagree.

T. Kalaiselvan, Advocate (Advocate) 04 March 2015

The Lok adalat cannot thrust its decision on the uncompromising party to the litigation. The matter may be reverted to regular court too if it was referred by the regular court.