Atman 09 June 2021

Lok adalat

A trial court passes a preliminary decree in a partition suit. Can the parties now approach Lok adalat for a settlement that will have the nature of completely overriding the trial court preliminary decree? It appears that only two parties want to approach the Lok adalat. Would Lok adalat allow only some of the parties to settle the matter before them and ignore the rest?

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This discussion explores whether a Lok Adalat can override a preliminary decree passed by a trial court in a partition suit. While parties can approach Lok Adalat for a settlement after a preliminary decree, it requires the consent of all parties involved. If even one party disagrees, the Lok Adalat must refer the matter back to the regular court for further proceedings.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 09 June 2021

The parties to dispute, if arrive at a compromise among themselves, can file a memo to refer the matter to lok adalat even after the preliminary decree is passed.

However it is essential that all the parties to the suit to agree for the compromise decision arrived on mutually agreed conditions among themselve, if even one person is not willing to cooperate then the lok adalat would revert the matter to the regular court to continue with the proceedings as per law.