SABHAJEET YADAV
Shashi Prateek – Appellant
Versus
Charan Singh Verma – Respondent
By this petition, the petitioner has challenged the order dated 3-9-2008 passed by Civil Judge (Senior Division). Muzaffar Nagar purporting to be as Lok Adalat in Misc. Case No. 57 of 2007, whereby he has rejected the application of the petitioner moved under Order 9 Rule 13 read with Section 151 C.P.C. and refused to set aside the award dated 30-4-2006 passed by Lok Adalat in Original Suit No. 852 of2005.
2. It is stated that Original Suit No. 852 of 2005 was instituted by respondent No. 1 father of the petitioner by impleading her brother Dr. Ravi Kant as defendant No. 1 and petitioner as defendant No.2. On 30-4-2006 the suit was decreed on the basis of compromise alleged to have been signed by the petitioner as defendant No. 2 in suit before the Lok Adalat held on that day. It is stated that in fact the petitioner had neither any knowledge of the institution of said suit nor she had engaged any counsel nor any compromise application was moved and signed by her nor she was present before the court or Lok Adalat on 30-4-2006 and signed said compromise before the Lok Adalat, as such no award could be made by the Lok Adalat. When on 24-3-2007 the petitioner came to know about
3. 2000 All LJ 849 : AIR 2000 SC 1165 : 2000 AIR SCW 835 18
5. AIR 1997 SC 1125 : 1997 AIR SCW 1345 29 AIR 1996 SC 2592 : 1996 AIR SCW 3228 14
1. AIR 2005 SC 3575: 2005 AIR SCW 4593 3,4,25,27,28
2. AIR 2004 SC 4105: 2004 AIR SCW 4527 15
4. AIR 2000 MP 301 26.27 (2000) 5 ALT 577 (AP) (Disting) 23,27
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