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IN THE HIGH COURT OF JUDICATURE AT PATNA
KHATIM REZA
Hirawati Kuar, wife of Late Raj Bansh Singh – Appellant
Versus
Vijay Kumar Gupta, son of Late Ram Belas Sah – Respondent
| Table of Content |
|---|
| 1. court's view on jurisdiction and finality (Para 11 , 15 , 17 , 18) |
| 2. arguments over rejection procedure (Para 12 , 14) |
| 3. final dismissal of appeal (Para 19 , 20) |
ORDER :
2. This Second Appeal has been preferred against the judgment and decree of affirmance dated 09-11-2016 passed by the learned Additional District and Sessions Judge-VI, Kaimur at Bhabua, in Title Appeal No. 74 of 2011, whereby the learned First Appellate Court upheld the judgment and decree dated 27.09.2011 passed by the learned Munsif, Bhabua in Title Suit No. 03 of 2010, whereby the plaint has been rejected under Order VII Rule 11 of the Code of Civil Procedure ( hereinafter referred as ‘CPC’).
4. The plaintiff had filed suit for permanent injunction against the defendants/respondents. The plaintiff/appellant had claimed title and possession over the suit land on the basis of Award passed in Title Suit No. 705 of 2007 by the Permanent Lok Adalat, Bhabhua on the basis of compromise entered between the parties. Total 2.37 acres land was allotted to the plaintiff which was self-acquired property of her deceased husband.
6. On summon, defendant no. 4 appeared and filed a petition under Order VII Rule 1
The Permanent Lok Adalat lacks jurisdiction over non-public utility services and its awards are null if not grounded in proper jurisdiction as per the Legal Services Authorities Act.
The Permanent Lok Adalat lacks jurisdiction over property disputes not involving public utility services, and awards obtained through fraud are void.
The court ruled that a Lok Adalat's decision does not meet the requirements for res judicata, allowing the plaintiff’s appeal for specific performance to proceed.
Permanent Lok Adalat cannot grant decrees for adoption, as its jurisdiction is limited to public utility services only.
The court established that a valid reference to Lok Adalat is mandatory for its jurisdiction, and failure to comply with this requirement invalidates any award made.
Injunction - Once possession is lawful, suit for injunction simpliciter is maintainable, same cannot be thrown away at threshold in exercise of powers under provisions of Order VII Rule 11(d) of Code....
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