Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Baman Charan Swain – Appellant
Versus
Prabhat Kumar Swain – Respondent
| Table of Content |
|---|
| 1. revision filed under section 115 regarding appeal. (Para 1 , 2) |
| 2. court's rejection based on non-participation in suit. (Para 3) |
| 3. procedures for challenging a lok adalat decree clarified. (Para 6 , 7) |
| 4. court's observation on the maintainability of appeal. (Para 8 , 9 , 10) |
| 5. revision allowed; initial order set aside. (Para 11 , 12 , 13 , 14) |
JUDGMENT :
A.C. Behera, J.
This revision under Section 115 of the C.P.C., 1908 has been filed by the petitioner(Respondent No.1 in the 1st appeal vide RFA No.40 of 2006) praying for setting aside the impugned order dated 06.03.2023(Annexure- 1) passed in RFA No.40 of 2006 by the learned District Judge, Cuttack.
2. The factual backgrounds of this revision, which prompted the petitioner for filing of the same is that, the Opposite Party No.1(Prabhat Kumar Swain) in this revision being the appellant had filed the 1st appeal vide RFA No.40 of 2006 under Section 96 of the C.P.C., 1908 in the court of the learned District Judge, Cuttack praying for setting aside the compromise decree on the ground of fraud passed in a suit vide T.S. No.110 of 1993 in the court of learned Sub-judge, 1st Court, Cuttack on dated 21.03.1993 (Annexure-4
A non-party to a compromise decree in Lok Adalat cannot challenge it through regular appeal procedures; specific legal avenues must be pursued instead.
Challenge to Compromise Decree – Only remedy is to file a writ petition and not a separate suit.
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.
An appeal is not maintainable from a compromise decree under Section 96(3) of CPC, and the compromise decree confers only a right in personam and is not binding on parties who are not part of the com....
A Lok Adalat award can be challenged by filing a writ petition under Article 226/227 of the Constitution of India on limited grounds, and a civil suit is not maintainable to challenge a Lok Adalat aw....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
