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NUPUR BHATI
Lal Singh Chouhan – Appellant
Versus
Kishan Singh Chouhan – Respondent
ORDER :
(Nupur Bhati, J.)
This writ petition has been preferred by the petitioner/plaintiff being aggrieved by order dated 10.07.2021 (Annex.5) passed by National Lok Adalat, orders dated 12.07.2021 (Annex.6) and 19.09.2023 (Annex.10) passed by learned District Judge, Sirohi.
2. Briefly stated, the facts of the case are that the petitioner and respondents No.1, 2 and 3 are the siblings. The petitioner/plaintiff filed a suit for partition and permanent injunction against respondents No.1, 2 and 3 before the learned District Judge Sirohi. In the plaint it was, inter-alia, averred that petitioner's father and mother expired on 07.04.2004 and 20.10.2020 respectively. After death of petitioner's parents, the defendants on the basis of forged Will got their names mutated in the revenue record. The petitioner/plaintiff thus filed the suit claiming his ¼ share in the suit land.
3. The suit was registered and summons were issued to the respondents/defendants. Thereafter, despite service of the summons, when no body appeared on behalf of respondents/defendants, an ad-interim injunction was passed on 02.01.2021 restraining the defendants No.1 and 2 from selling or transferring the suit propert
A party cannot challenge the validity of a compromise once executed, especially when affirmed in the presence of legal counsel.
A decree for partition reached without including all necessary parties is invalid; all stakeholders must consent to the compromise for it to be enforceable.
A writ petition challenging a compromise decree entered before Lok Adalat by non-impleaded necessary parties is maintainable due to allegations of fraud and procedural irregularity.
Lok Adalat compromise decrees, though final under Section 21, can be set aside in writ jurisdiction if vitiated by fraud like non-service of summons and misrepresentation to illiterate disabled party....
(1) Compromise of suit – To recall a compromise that has been recorded would call for strong reasons. Terms of a compromise decree cannot be avoided, unless allegation of fraud has been proved.(2) Wh....
The finality and binding nature of awards passed by Lok Adalat, and the prohibition on filing suits to set aside a decree based on a compromise.
A Lok Adalat award is final and binding, and can only be challenged by proving the underlying agreement is invalid or illegal.
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