Lok Adalat:
So far as
procedure governing the Lok Adalat is concerned, it would be as provided under
the provisions of Legal Service Authorities Act 1987 (For short LSA Act). Lok
Adalat earlier did not have the statutory backing. Section 20 of LSA Act
provides for cognizance of causes by Lok Adalat. The decision taken by the Lok
Adalat would be deemed to be a decree of the civil court and executable by the
court having jurisdiction. As per the provisions of Section 20 of the LSA Act,
in case the party is agreed and one of them makes an application to the court
and the Court is satisfied that it is a fit case for reference to Lok Adalat,
the court would refer the matter to the Lok Adalat which shall decide it and
the award so made by the Lok Adalat would be a decree of civil court, as
provided under Section 21 of the LSA Act. Section 22 D of LSA Act provides that
Lok Adalat will not follow the complicated procedure prescribed under the Code
of Civil Procedure or Evidence Act and it may adopt any fair procedure and
observe the principles of natural justice. Section 22 E of LSA Act provides
that the Award so made by the Lok Adalat shall be final and executed by the civil
court having jurisdiction over the matter.
Judgment:
In State
of Punjab & Anr. V. Jalour Singh & Ors., (2008) 2 SCC 660, the
Hon’ble Court considered the scope of Section 89 and the provisions of Sections
19 to 22 of the Legal Services Authorities Act, 1987 and held that the function
of the Lok Adalat relate purely to conciliation and its order must be based on
compromise or settlement between the parties. The Lok Adalat cannot enter into
an adversarial adjudication akin to a Court of law. Any award of the Lok Adalat
not based on a compromise or settlement between the parties would be void.
CPC Section 89. Settlement of disputes outside the Court.
Order 10 Rule 1. Ascertainment whether allegations in pleadings are admitted or denied.
Order 10 Rule 1A. Direction of the court to opt for any one mode of alternative dispute resolution.
Order 10 Rule 1B. Appearance before the conciliatory forum or authority.
Order 10 Rule 1C. Appearance before the court consequent to the failure of efforts of conciliation.
Reference:
http://www.nja.nic.in/16%20CPC.pdf
Please
share and follow this blog for more such law related articles.
===================
No comments:
Post a Comment