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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Sadanand Paswan – Appellant
Versus
Kabita Devi, wife of Late Rajgir Paswan – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Notices upon the opposite party Nos.1 to 3 have been validly served.
2. This matter was adjourned on 10.03.2025 with a view to provide one more opportunity to the opposite party Nos.1 and 3 in spite of that nobody has appeared on behalf of opposite party Nos.1 to 3 and in view of that this petition is being heard in absence of opposite party Nos.1 to 3.
3. This petition has been filed under Article 227 of the Constitution of India for setting of the order dated 28.11.2022 passed by learned Civil Judge (Sr. Division) – I, Sahibganj, whereby the learned Court has been pleased to dismiss the Civil Misc. Case No.06 of 2018 for execution of Award dated 08.07.2017 passed in Mediation Case No.165 of 2017 by Lok Adalat.
4. Learned counsel appearing for the petitioners submits that the petitioners are plaintiff in Title Suit No.52 of 2007 which was decreed in favour of the plaintiffs/petitioners by the learned Court of Sub-Judge – III, Sahibganj. He submits that the respondents/defendants filed the Title Appeal No.48 of 2009 against the judgment and decree passed in Title Suit No.52 of 2007 which was dismissed by judgment and decree dated 24.01.2011. He submit
The award of a Lok Adalat is deemed a decree of a civil court and is executable, regardless of incorrect legal citations in the application.
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Award passed in Lok Adalat concerning criminal case under Section 138 of Negotiable Instruments Act, 1881 is executable by Civil Court in case of default committed by judgment debtor.
The court established that a valid reference to Lok Adalat is mandatory for its jurisdiction, and failure to comply with this requirement invalidates any award made.
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.
The finality and enforceability of a Lok Adalat award as per the Legal Services Authorities Act, 1987, and the requirement of extraordinary circumstances to set aside such an award.
The award of Lok Adalat is final and binding, challengeable only through writ petitions under Articles 226 and 227, not in Civil Court.
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