Award Of Lok Adalat Can Only Be Challenged In Writ Petition Under Article 226 & 227: Gauhati High Court
The Gauhati High Court, while hearing an appeal against a judgment of a Civil Court, has held that agreement of settlement arrived at Lok Adalat is deemed a decree of a civil court and as such it is binding upon the parties.It further held that no appeal lies against it to any court and if any party wants to challenge such an award based on settlement, it can be done only by filing a...
The Gauhati High Court, while hearing an appeal against a judgment of a Civil Court, has held that agreement of settlement arrived at Lok Adalat is deemed a decree of a civil court and as such it is binding upon the parties.
In appreciating the above provision of law, the Court observed that in the instant cases the parties have clearly come to an amicable settlement and the award is deemed a decree of a civil court which, if not duly executed by any of the parties can be filed in the court concerned with a request to execute it.
"if any of the parties is aggrieved by the award of Lok Adalat for genuine reasons, the remedy available would be by filing a petition under Article 226 and/or Article 227 of the Constitution as has been held by the Apex Court in State of Pubjaband Another -vs- Jalour Singh and Others."