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2017 Supreme(MP) 552

P.K.JAISWAL, VIRENDER SINGH
Shanti Devi – Appellant
Versus
Indore Cloth Market Grah Nirman Sahkari Sanstha Maryadit – Respondent


Advocates:
S.M. Sanyal for appellants;
B.L. Pavecha with Nitin Phadke for LRs of respondent No.5;
Vinay Saraf for respondent No.9.

JUDGMENT

Singh, J. -- 1. The challenge in this first appeal is to the award passed by Lok Adalat dated 31.8.2013.

2. There is no doubt that every award made by the Lok Adalat is final and binding on all the parties to the dispute and no appeal lies against such award. Section 21(2) of The Legal Services Authorities Act, 1987 reads thus:-

“Section 21(2) : Every award made by Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any Court against the award.”

3. Section 96(3) of Code of Civil Procedure, 1908 provides :-

“Section 96 (3) : No appeal shall lie from a decree passed by the Court with the consent of the parties.”

4. In this regard we can also refer P.T. Thomas v. Thomas Job [AIR 2005 SC 3575], State of Punjab and another v. Jalour Singh and others [AIR 2008 SC 1209].

5. It is well settled that award of Lok Adalat can only be challenged on the ground of fraud as fraud vitiates all proceedings and voids all judicial acts. Illegality or competency of the parties of the compromise may also be considered while examining the validity of such award.

6. In this regard we can refer Banwari Lal v. Smt. Chandro Devi [AIR 1993 SC 1139], S.P.








































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