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2014 Supreme(Pat) 51

NAVIN SINHA, VIKASH JAIN
Srinivash Rai – Appellant
Versus
Mahendra Rai – Respondent


Advocates:
For the Appellants : M/s Kamal Nayan Choubey, Ambuj Nayan Choubey, Yogendra Kumar, Lakshmi Kant Sharma.

NAVIN SINHA, J.:–The present appeal arises from order dated 21.9.2012 in C W J C No.2492 of 2004. The Learned Single Judge set aside the Award by the Lok Adalat, Rohtas at Sasaram, in Partition Case no. 358(D) of 2001 dated 29.3.2001 on allegations of fraud and also observed that the Award given in a family dispute will not bind the parties when it is questioned by one of them.

2. It is necessary to notice the facts of the case, the provisions of the Legal Services Authority Act, 1987,(hereinafter referred to as the Act) and the Bihar State Legal Services Authority Regulations 1998, framed under Section 29 A of the Act. Also relevant for discussion is the law discussed in (2010) 8 SCC 24 (Afcon Infrastructure Limited & Another Vs. Cherian Varkey Construction Company Private Limited & Others) along with the National Legal Services Authority (Lok Adalat) Regulations,2009.

3. Claiming to be governed by the Mitakshara school of Hindu law, as karta, the father of the Appellant filed Partition Suit No.358 (D) of 2001 on 29.3.2001 before the Lok Adalat, Sasaram, impleading his sons, their minor chidren and his own wife as defendants. The relief sought was to confirm the partition of the pr









































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