Case Note & Summary
The petitioner, Smt. Renuka W/o Anand @ Anantsa Bakale, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, seeking to quash a compromise decree dated 26.07.2014 passed by the Principal Senior Civil Judge at Hubballi (Lok Adalat) in O.S.No.246/2014, and to restore the suit for fresh consideration on merits. The petitioner alleged that a compromise petition was entered into in the suit without her knowledge or consent, and she was not a party to the suit. The respondents, Sri. Ramanand S/o Ramkrishnasa Basawa and Gajanan S/o Bhojansa Habib, were represented by Senior Counsel Sri. Padmanabha Mahale. The court, after hearing the parties, found that the compromise decree was passed in the absence of the petitioner and without her consent, violating principles of natural justice. The court held that such a decree is void ab initio and cannot be sustained. Accordingly, the court allowed the writ petition, quashed the compromise decree and the compromise petition, and restored O.S.No.246/2014 to the file of the Principal Senior Civil Judge at Hubballi for fresh adjudication on merits.
Headnote
A) Civil Procedure - Compromise Decree - Validity - Order XXIII Rule 3, Code of Civil Procedure, 1908 - Compromise decree passed by Lok Adalat in O.S.No.246/2014 without the presence or consent of the petitioner, who was not a party to the suit, is void ab initio and liable to be quashed - Held that a decree passed in violation of principles of natural justice cannot be sustained (Paras 1-3).
Issue of Consideration
Whether a compromise decree passed by a Lok Adalat in a suit to which the petitioner was not a party and without her presence or consent is valid and binding, and whether such decree can be quashed in writ jurisdiction.
Final Decision
The writ petition is allowed. The compromise decree dated 26.07.2014 passed by the Principal Senior Civil Judge at Hubballi (Lok Adalat) in O.S.No.246/2014 and the compromise petition dated 26.07.2014 are quashed. O.S.No.246/2014 is restored to the file of the Principal Senior Civil Judge at Hubballi for fresh consideration on merits.
Law Points
- Compromise decree passed by Lok Adalat without presence or consent of party is void
- Principles of natural justice require hearing before passing decree
- Order XXIII Rule 3 CPC requires compromise to be verified and not opposed to law
- Writ petition under Articles 226 and 227 maintainable to challenge void decree
Case Details
2022 LawText (KAR) (03) 18
Writ Petition No. 103766 of 2018 (GM-RES)
Sri. Mahesh Wodeyar for petitioner, Sri. Padmanabha Mahale (Senior Counsel) for Sri. Pruthvi K.S. for respondents
Smt. Renuka W/o Anand @ Anantsa Bakale
Sri. Ramanand S/o Ramkrishnasa Basawa and Gajanan S/o Bhojansa Habib
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging a compromise decree passed by a Lok Adalat.
Remedy Sought
Quashing of compromise decree dated 26.07.2014 passed in O.S.No.246/2014 and restoration of the suit for fresh consideration on merits.
Filing Reason
The petitioner was not a party to the suit and the compromise decree was passed without her knowledge or consent.
Previous Decisions
Compromise decree dated 26.07.2014 passed by Principal Senior Civil Judge at Hubballi (Lok Adalat) in O.S.No.246/2014.
Issues
Whether a compromise decree passed by a Lok Adalat without the presence or consent of a person who is not a party to the suit is valid and binding?
Whether such a decree can be quashed in writ jurisdiction under Articles 226 and 227 of the Constitution of India?
Submissions/Arguments
Petitioner argued that the compromise decree was passed without her knowledge or consent and she was not a party to the suit.
Respondents were represented by counsel but no specific arguments are recorded in the judgment.
Ratio Decidendi
A compromise decree passed by a Lok Adalat without the presence or consent of a person who is not a party to the suit is void ab initio and violates principles of natural justice. Such a decree cannot be sustained and is liable to be quashed in writ jurisdiction.
Judgment Excerpts
The grievance of the petitioner is that a compromise petition was entered into in the suit without her knowledge or consent, and she was not a party to the suit.
The compromise decree passed in the absence of the petitioner and without her consent is void ab initio and cannot be sustained.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, challenging a compromise decree dated 26.07.2014 passed by the Principal Senior Civil Judge at Hubballi (Lok Adalat) in O.S.No.246/2014. The court heard the matter and passed the order on 31.03.2022.
Acts & Sections
- Code of Civil Procedure, 1908: Order XXIII Rule 3
- Constitution of India: Articles 226, 227
