PRE LITIGATION
Querist :
Anonymous
(Querist) 04 March 2010
This query is : Resolved
SIR,
THE PARTIES R SETTLED THEIR CIVIL DISPUTE IN PRELITIGATION & THE COURT HAS PASSED THE DECREE ON SUCH SETTLEMENT. THEN THE DEFENDANT DID NOT ACT AS PER COMPROMISE OF PRELITIGATION.SO MY QUESTION IS THAT WHERTHER THE PLAINTIFF CAN FILE THE EXECUTION PETITION ?IF YES THAN UNDER WHICH PROVISION/JUDGMENT ?
R.R. KRISHNAA
(Expert) 04 March 2010
Compromise decree is a valid decree and it can be executed as like other decrees.
Guest
(Expert) 04 March 2010
yes.
Raj Kumar Makkad
(Expert) 04 March 2010
It cn validly be executed through filing execution petition before the same court which passed the decree of compromise.
Sachin Bhatia
(Expert) 04 March 2010
Yes Plaintiff can file execution.
Parveen Kr. Aggarwal
(Expert) 05 March 2010
Section 19(5) of the Legal Services Authorities Act, 1987:
"(5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of -
(i) any case pending before; or
(ii) any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organised:
Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law."
Section 21:
"21. Award of Lok Adalat. - (1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under sub-section (1) of Section 20, the court-fee paid in such case shall be refunded in the manner provided under the Court Fees Act, 1870 (7 of 1870).
(2) Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award."
So the award made by a Lok Adalat upon compromise of parties to the dispute in a matter not brought before any other court, shall be executable and enforceable.
Kumar Thadhani
(Expert) 05 March 2010
Iagree with the experts and MR.PARVEEN.