Case Note & Summary
The petitioner, Chandpasha s/o Amirsab Ansari, filed a writ petition challenging an award dated 17.03.2019 passed by the National Lok Adalat, Ausa in RCS No.174/2019. The petitioner is the step-brother of respondent no.1 and step-son of respondent no.2. Respondent no.2 is the wife of respondent no.3. Respondent no.1 had filed RCS No.174/2019 for perpetual injunction against respondent nos.2 and 3. The petitioner was not a party to that litigation. The suit land was owned by respondent no.3, who had gifted it to the petitioner. The Lok Adalat passed an award without notice to the petitioner, affecting his rights. The petitioner contended that the award was passed in violation of principles of natural justice. The court found that the petitioner's rights were directly affected and he was not heard. The court held that the award was liable to be set aside. The court quashed the award and restored the suit to its original number. The court also disposed of the civil application.
Headnote
A) Civil Procedure - Lok Adalat Award - Principles of Natural Justice - Section 21, Legal Services Authorities Act, 1987 - The petitioner, who was not a party to the suit, challenged the Lok Adalat award that affected his rights. The court held that the award was passed in violation of natural justice as the petitioner was not heard. The award was quashed and set aside, and the suit was restored to its original number. (Paras 2-5) B) Legal Services - Lok Adalat - Binding Nature of Award - Section 21, Legal Services Authorities Act, 1987 - The court observed that a Lok Adalat award is final and binding on the parties, but if it is passed without hearing a person whose rights are affected, it is liable to be set aside. (Paras 4-5)
Issue of Consideration
Whether a Lok Adalat award can be set aside when it affects the rights of a person who was not a party to the proceedings and was not heard.
Final Decision
The court allowed the writ petition, quashed and set aside the award dated 17.03.2019 passed by the National Lok Adalat, Ausa in RCS No.174/2019, and restored the suit to its original number. Rule made absolute. Civil application disposed of.
Law Points
- Principles of natural justice
- Lok Adalat award binding nature
- Section 21 Legal Services Authorities Act
- 1987
- violation of natural justice
- setting aside award without hearing
