Case Note & Summary
The petitioners, who were defendants in a partition suit, challenged the award passed by the Lok Adalat on 14/08/2009 and the consequential final decree dated 03/10/2009. The plaintiff, Kenchavva, wife of defendant No.5, had filed the suit for partition. The Lok Adalat passed an award without issuing notice to the defendants and without recording the terms of compromise. The petitioners contended that the award was a nullity as it was passed without jurisdiction and in violation of the principles of natural justice. The court examined the provisions of the Legal Services Authorities Act, 1987, particularly Sections 20 and 21, which require that the Lok Adalat must issue notice to all parties and record the terms of settlement. The court found that the award was passed in gross violation of these statutory requirements. Consequently, the court allowed the writ petition, set aside the Lok Adalat award and the consequential decree, and restored the suit to the file of the trial court for disposal in accordance with law.
Headnote
A) Civil Procedure - Lok Adalat Award - Nullity - Lack of Jurisdiction - Award passed by Lok Adalat without issuing notice to the defendants and without recording the terms of compromise is without jurisdiction and a nullity - Held that the award is liable to be set aside as it violates principles of natural justice and the provisions of the Legal Services Authorities Act, 1987 (Paras 2-4). B) Legal Services Authorities Act, 1987 - Sections 20 and 21 - Lok Adalat - Procedure - Notice and Recording of Compromise - The Lok Adalat must issue notice to all parties and record the terms of settlement before passing an award - Failure to do so renders the award void - Held that the award in question was passed in gross violation of the statutory requirements (Paras 2-4).
Issue of Consideration
Whether the award passed by the Lok Adalat in a partition suit without issuing notice to the defendants and without recording the compromise terms is valid and binding.
Final Decision
The writ petition is allowed. The award dated 14/08/2009 passed by the Lok Adalat and the consequential final decree dated 03/10/2009 are set aside. The suit is restored to the file of the trial court for disposal in accordance with law.
Law Points
- Lok Adalat jurisdiction
- Award nullity
- Notice requirement
- Compromise recording
- Section 20 Legal Services Authorities Act
- Section 21 Legal Services Authorities Act
- Article 226 Constitution of India
- Article 227 Constitution of India
