2014 Supreme(Gau) 581
IN THE HIGH COURT OF GAUHATI (AIZAWL BENCH)
Ujjal Bhuyan, J.
Lalkanglova Sailo - Appellants
Vs.
Ngurthantluangi Sailo - Respondent
Review Petition No. 2 of 2013
Decided On: 05.06.2014
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: P.C. Prusty, A.K. Rokhum and D.C. Chakraborty
For Respondents/Defendant: A.R. Malhotra and Amicus Curiae
Headnote:
Civil Procedure Code, 1908 - Order 47, Rule 1 - Legal Services Authorities Act, 1987 - Section 22(2) - Review petitioner - Award of the Lok Adalat - Dispute relating to settlement of land between petitioner and respondent – Initially review petition was filed in Principal Seat at Guwahati on 22.10.2008 during vacation - Later on, in the year 2013, it was transmitted to Aizawl Bench where the case has been re-numbered - Review petitioner was the revision petitioner in said case and had filed the revision petition assailing legality and correctness of the award dated 30.7.2007 passed by the Lok Adalat, Aizawl, Mizoram - Substance of award of Lok Adalat is that Lok Adalat (Pre-Litigation) Case was filed by the respondent before the Lok Adalat, Aizawl in connection with a dispute relating to settlement of land between petitioner and respondent - Held, Lok Adalat which passed the award dated 30.7.2007 was not a Permanent Lok Adalat but a Lok Adalat under Chapter VI. Such a Lok Adalat is not vested with the power to decide disputes as provided under sub-section (8) of Section 22-C - Having noticed the above, I am of view that this Court had erred in holding that Lok Adalat which passed award was a Permanent Lok Adalat and further holding that award was passed under sub-section (8) of Section 22-C of Act - It is a fit case for review under Order 47, Rule 1 of Code and therefore, I am of the view that aforesaid decision is required to be recalled, which I hereby do - Accordingly, judgment and order passed in Civil Revision Petition No. 13/2007 is hereby recalled - Having regard to discussions made above, Civil Revision Petition is allowed and order passed by the Lok Adalat in Lok Adalat (Pre-Litigation) Case is set aside and quashed - Petition allowed.
Ujjal Bhuyan, J.
1. Heard Mr. P.C. Prusty, learned counsel for the review petitioner and Mr. A.R. Malhotra, learned Amicus Curiae for the respondent. This review petition has been filed seeking review of judgment and order dated 16.9.2008 passed by this Court in Civil Revision Petition No. 13/2007. Initially, the review petition was filed in the Principal Seat at Guwahati on 22.10.2008 during vacation. Later on, in the year 2013, it was transmitted to the Aizawl Bench where the case has been re-numbered.
2. Review petitioner was the revision petitioner in the said case and had filed the revision petition assailing the legality and correctness of the award dated 30.7.2007 passed by the Lok Adalat, Aizawl, Mizoram.
3. Substance of the award of the Lok Adalat dated 30.7.2007 is that Lok Adalat (Pre-Litigation) Case No. 66/2006 was filed by the respondent before the Lok Adalat, Aizawl in connection with a dispute relating to settlement of land between petitioner and respondent. Though both the parties had appeared before the Lok Adalat, there was no compromise. Lok Adalat tried to settle the matter but failed. Ultimately, as the matter could not be settled between the parties, the Lok Adalat passed the award under Section 22(2) of the Legal Services Authorities Act, 1987 in the following terms:-
"1. The Plaintiff-her two landed property covered by the LSC's mentioned above and losing the both just because that the Defendant had realized her two housing loan's is a violation of Principal of Natural Justice and Equity and the same cannot be sustainable.
2. The Plaintiff is given back her landed property covered by LSC No. 520 of 1977.
3. As the Defendant had realized the housing loan of the Plaintiff and in return the Defendant shall have the house side landed property covered by LSC No. 771 of 1979.
4. The Plaintiff's housing loan at the D.C. Aizawl by mortgaging LSC No. 771 of 1979 was also realized by the Defendant amounting to Rs. 28,115/-, the said amount shall be return to the Defendant by the Plaintiff.
5. It is fixed that the Plaintiff shall make payment of Rs. 28,115/- to the Defendant on 17th September, 2007 (Monday).
6. The Plaintiff's LSC No. 520 of 1977, which was alleged to transfer in the name of the Defendant be produced on 17th September, 2007 (Monday) at Lok Adalat and to be handed over to the Plaintiff.
7. The Lok Adalat shall be sitting on 17th September, 2007 at 11:00 a.m. and the parties were served a summon notice.
8. The Defendant shall make approached towards his residence as instructed by the Lok Adalat.
9. The Award made by the Lok Adalat is as, "Every Award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the Award" (vide section 22(2) of the Legal Services Authorities Act, 1987 (as amended up to 2002).
10. This copy of Award shall be issued to the parties.
Lok Adalat members who made the Award:-
1. SD/- RITA NEIHPII
2. SD/- Dr. H.C. THANHRANGA
3. SD/- ZOZINGA
4. SD/- F. THANGHULHA
5. SD/- ROBERT LALCHHUANA
6. SD/- ZOPARI
7. SD/- V.L. BELA."
4. This was challenged by the petitioner before this Court by filing revision petition contending that the Lok Adalat could not have adjudicated the matter and in the absence of any consensus, no award could have been passed.
5. This Court by the order sought to be reviewed held that the case relates to pre-litigation conciliation. Though the dispute between the parties was placed before the "Permanent Lok Adalat" for settlement by the respondent by filing an application, the same could not be settled between the parties even after conciliation. Accordingly, by resorting to the provision of sub-section (8) of Section 22C of the Act, the Lok Adalat decided the dispute between the parties as indicated in the award. This Court held that since the matter related to prelitigation conciliation and settlement, the "Permanent Lok Adalat" had the jurisdiction to decide the dispute as per provision of Sub-Section (8)