Lok Adalat Cannot Dismisses Case Over Non-Appearance Of Parties: Rajasthan High Court
LIVELAW NEWS NETWORK
6 July 2024 6:30 AM GMT
The Rajasthan High Court has ruled that Lok Adalat does not have the power to "dismiss" a case owing to default in appearance by parties.
The Court highlighted Section 20(5) of the Legal Services Authorities Act, 1987 as per which where Lok Adalat is not able to make an award due to no compromise or settlement being reached between the parties, the record of the case needs to be returned by the Lok Adalat to the court.
Bench of Justice Arun Monga was hearing a petition filed by an individual whose case was referred for settlement before the Lok Adalat under the Act. However, the petitioner did not submit to the jurisdiction of the Lok Adalat for settlement proceedings and failed to appear before the authority. Pursuant to this, the Lok Adalat passed an order dismissing the case. This order was challenged by the petitioner.
The Court referred to the aforementioned Section 20(5) and observed, “the only recourse available to the Lok Adalat was to remand the matter back to the appropriate court for further proceedings in accordance with the law.”
In this background, the Court stated that by passing the order for dismissal of the case, the Lok Adalat exceeded its jurisdiction as it was not vested with such powers.
Accordingly the order was set aside and the case was restored to its original status.
Title: Kripal Singh v State of Rajasthan & Anr.
Citation: 2024 LiveLaw (Raj) 142
Click Here To Read/Download Order
