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2018 Supreme(Chh) 704

PRASHANT KUMAR MISHRA
Vikas Agrawal – Appellant
Versus
Usha Singh – Respondent


Advocates Appeared:
For the Appellant : Ashish Surana, Adv.
For the Respondents:Pushkar Sinha, Y.C. Sharma, Abhishek Sinha, Ghanshyam Patel, Advocates and Rajendra Tripathi, Panel Lawyer

ORDER :

Prashant Kumar Mishra, J.

1. Award passed by the Lok Adalat at the pre-litigation stage vide Annexure - P/6 is under challenge on the ground that the compromise has been ordered and a compromise decree followed without obtaining petitioner's signature on the deed of compromise nor the matter was referred to the Lok Adalat after affording reasonable opportunity of hearing to the petitioner as required under the proviso to sub-section (2) of Section 20 of the Legal Services Authority Act, 1987 (for short 'the Act, 1987').

2. On the last date of hearing, this Court had summoned the record of pre-litigation suit so as to verify as to whether it contains any application for compromise signed by the petitioner.

3. The record does not contain any such application, therefore, the compromise decree having been passed without obtaining petitioner's signature or consent is void and nullity. The award passed by the Lok Adalat has been rendered in contravention to the procedure prescribed under Section 20 (2) of the Act, 1987, which reads thus:

20. Cognizance of cases by Lok Adalats.-

XXX XXX XXX

(2) Notwithstanding anything contained in any other law for the time being in force, the Authority

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