Lok Adalat
7 months ago
If Lok Adalat passes an award, it is equivalent to a decree of a civil court and it can't be challenged except on limited grounds under Arts 226/227. But, it doesn't take away the right to litigation, what does that mean? Suppose both the parties reach an agreement and the Lok Adalat passes an award on the basis of it, then can one party or both the parties approach the civil court of their jurisdiction under original suit? Then what will happen to the award of a Lok Adalat as it is equivalent to the decree of a Civil court? Will it be put in abeyance since now the court is seized of the matter? Also, after final decision of the competent court, will the award of Lok Adalat becomes null and void?
Also, in case of Permanent Lok Adalat, suppose it passes an award in light of its adjudicatory function or conciliatory function, it cannot be challenged. But under right to litigation, can a party approach the competent civil court by filing an original civil suit even after decision of the Permanent Lok Adalat under conciliatory or adjudicatory function ? In that case, what will happen to the award of the Permanent Lok Adalat? Will it be null and void?
If both parties reach an agreement and the Lok Adalat passes an award on the basis of it, then one or both parties can approach the civil court of their jurisdiction under an original suit. However, the award of the Lok Adalat is equivalent to the decree of a civil court, and it is final and binding on all parties. If one or both parties approach the civil court, the court will be seized of the matter, and the award of the Lok Adalat will be put in abeyance. After the final decision of the competent court, the award of the Lok Adalat becomes null and void.
In the case of Permanent Lok Adalat, if it passes an award in light of its adjudicatory function or conciliatory function, it cannot be challenged. However, under the right to litigation, a party can approach the competent civil court by filing an original civil suit even after the decision of the Permanent Lok Adalat under conciliatory or adjudicatory function. In that case, the award of the Permanent Lok Adalat will be null and void.
It is important to note that the award passed by Lok Adalat can only be challenged on limited grounds by initiating proceedings under Article 226 or 227 of the Constitution of India
The award of the Lok Adalat is deemed to be a decree of a civil court and is final and binding on all parties, and no appeal against such an award lies before any court of law
However, if the parties are not satisfied with the award of the Lok Adalat, they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate
In rare rest of case rare cases the award passed by permanent Lok Adalat can be declared as null and void under exceptional circumstances like fraud played by one of the party.
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