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Recourse to award passed by Lok Adalat under Section 21 of the Legal Services Authorities Act, 1987  

Bharvagi Constructions & Anr. vs. Kothakapu Muthyam Reddy & Ors. dated 2017-09-07

Issues: 

1. Whether the award passed by Lok Adalat after settlement can be challenged in District Court by Suit for Declaration on the grounds of Fraud and Misrepresentation? 

2. Whether the abovesaid Suit for declaration can be rejected under Order VII Rule 11 CPC as barred by Law? 

3. Whether "Law" in Order VII Rule 11 CPC includes judicial pronouncements of Higher Courts? 

Findings: 

1. Award passed by Lok Adalat can be challenged only under Article 226/227 of the Constitution 

2. Grounds of Order VII Rule 11 are not applicable on awards passed by Lok Adalat after settlement 

3. "Law" in Order VII Rule 11 includes judicial pronouncements of Higher Courts.

Read the complete judgment  read more +

 

 


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