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S. C. SHARMA
BONDAR s/o RAMCHANDRA JAT – Appellant
Versus
MISHRIBAI w/o MOJIRAM JAT – Respondent
ORDER/JUDGMENT – Parties through their counsel.
2. The applicant before this Court, who is defendant No. 1 in civil suit filed by Mishribai has filed this revision against the order dated 14-9-2018 by which the Civil Judge, Class-I, Khategaon, District-Dewas has rejected the application preferred by the petitioner under Order 7, Rule 11 of the Code of Civil Procedure, 1908.
3. The facts of the case reveal that the non-applicant No. 1 Mishribai has filed a civil suit for declaration of title, possession, injunction and mesne profit. It was stated by her that in another Civil Suit i.e. Civil Suit No. 60-A/2010, her husband was a party/defendant No. 1 and the death of her husband took place on 30-5-2012. She further stated that in spite of the fact that her husband was no more, a fraud was played upon and a judgment and decree was passed in Lok Adalat on 13-12-2014 even though her husband was a party.
4. The another important aspect of the case is that she was not a party in Civil Suit No. 12-A/2014 which was decided by Lok Adalat on 13-12-2014. In those circumstances, she filed civil suit claiming declaration of title, possession, injunction and mesne profit.
5. The present applicant
The compromise decree passed by the Lok Adalat was not binding on a party who was not involved in the compromise, and the pleas taken by the defendant in the written statement were irrelevant for dec....
The award of Lok Adalat is final and binding, challengeable only through writ petitions under Articles 226 and 227, not in Civil Court.
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....
Parties not involved in Lok Adalat proceedings can challenge the award in High Court under Article 227, especially if their rights are adversely affected.
The main legal point established in the judgment is the finality and binding nature of Lok Adalat awards, and the limited grounds on which they can be challenged under Article 226 and/or Article 227 ....
Amendment permissible for time-barred claims against invalid prior award-based sales when necessary for effective relief post-impleadment.
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.
Objection to execution of decree – Statutory finality attached to Lok Adalat award leaves no room for appellate or plenary civil remedy against the award treated as a decree – Award may be executed a....
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