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2008 Supreme(All) 2239

SABHAJEET YADAV
SHASHI PRATEEK – Appellant
Versus
CHARAN SINGH VERMA – Respondent


Advocates:
Counsel :
M.K. Gupta for the Petitioner; Ravi Kant, Nipun Singh, Pratik J. Nagar, Navin Sinha and Somesh Khare for the Respondents.

JUDGMENT

Hon’ble Sabhajeet Yadav, J.—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 of 2005.

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 th




















































































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