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sunny (lawyer)     02 April 2009

limitation act

I  had filed a  case  in  lok adalat in may 2005

And that  case  is  under trial, but  now  I  want to  withdraw

That case from lok adalat, and go  for  a  regular  suit in  concern court.

Whether  that  case  is in  limitation   or  limitation bard?

Is  there  any  ruling of  my  favor  because here, the  learned DJ court

Already refused  many  cases of  these  type.

So  I  need suggestion  from  all  the  learned  advocates         


 11 Replies

Y V Vishweshwar Rao (Advocate )     02 April 2009

Mr Sunny !

I  am of the view that , You can request the Loak Adlath to transfer the Case to Regular Civil Court , instead of withdrawel of case  .The transfer of  Laok Adalth Case to regular Court is continuation of the same case/suit proceedigns.The  same  can not  be a New Suti in Civil Court .

V.V.RAMDAS (Advocate)     02 April 2009

Dear sunny ,

Your question is not clear. So I request you clearly mention you problem, then I can give you correct answer. How ever you can not file a case before lok adalat directly. You might have filed  a complaint before the Legal aid authorities which is not case rather it is for  redrasl or for consiliation So  you will not get the benefit under limitation act. If the Legal aid authiritis will advise you to file before conserned Court than you can availthe benefit according to thier order. If you withdraw than you will not get that benefit.

hage nibo (lawyer)     03 April 2009

I completely agree with Rao Sir.

Ashey   03 April 2009

I agree with Mr. Ramadass .. that only only pending cases are referred to lok adalath for settlement .. please refine your querry

adv. rajeev ( rajoo ) (practicing advocate)     03 April 2009

Rao sir is rightly suggested u.  U have not told what type of suit u have filed.  Usually suits will be filed in the courts and then if both the parties agree for the compromised then suit will be referred to lok adalat.  There is no provision to file suit in the Lok Adalat.

Mohit Attri (lawyer)     03 April 2009

i think no need to explain more for sunny

ambika.S (advocate)     03 April 2009

Section 22 of Legal Service Authorities Act, enables a person to file a case and the said petition will be called PLA and it will be adjudicated.   The Lok Adalath is empowered under the Act the jurisdiction of Civil Court.   Any Order of the Lok Adalth will be treated as an Order of Civil Court in the jurisdiction.   In my opinion if you are aggreived by the Order than you can challenge the same by appealing to Higher Court and seek the proper adjudication of the issue.

Kiran Kumar (Lawyer)     03 April 2009

Sunny pls explain the facts of the case and the state (city) where it is pending.

m unable to understand how a case is filed directly in the Lok Adalat....u ve already noticed divergent views.  in States of Punjab, Haryana and Chadigarh there is no such facility available for filing suits directly in the Lok Adalat.

kindly refer to the local laws and provisions as well.

sunny (lawyer)     06 April 2009

All  the  learned advocates ,

I  had  filed  the  described suit  under  the   provision of  LEGAL SERVICE AUTHORITY ACT

Here  I   have file  many  cases  directly  in  lok adalat  n  settled them.

Now  in  that  case  my  prob has  been  solved.Today the  learned  DJ  COURT has accept   my   suit . i   have  file  the  said  suit  under  sec.  1 fatal accident  act .

Prabhat Kumar (Advocate)     10 April 2009

The limitation period for a suit cannot be extended. Once time for filing the suit starts it cannot be stopped by any reason (Section 9, Limitation Act). In the present case you choose to aproach Lok Adalat, now you should persue your case in lok adalat itself.

However you can withdraw the suit from Lok adalat with a liberty to file a regular suit if it is within the limitation period.

Swami Sadashiva Brahmendra Sar (Nil)     11 April 2009

congratulations mr. sunny !

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