saurabh sharma (law student) 13 November 2013
Lok adalat passed an exparte award against me. I Have filed a declaratory suit challenging that award. lower Court dismissed my suit. now i have filed an appeal and now the question arises that whether a declaratory suit is maintainable to challenge the award. any judgement of Sc or HC on it..??? urgent. Thanks..
T. Kalaiselvan, Advocate (Advocate) 14 November 2013
Lok Adalat cannot pass ex-parte award. Lok Adalat can pass an order/award based on mutual agreement between both the parties and it cannot pass an order favoring one party. In Lok Adalat there is no winner or loser. What is a declaratory suit against the award by the Lok Adalat? Lok Adalat's orders cannot be appealed.
santhosh.g. (advocate) 14 November 2013
i agree with mr. kalaiselvan advocate. but if the lok adalat passed expartee order by inadvertently you can approch high court by way of a revision to give direction to the lok adalat authorities to rectify the mistake
Kolla Gangadhar (Practicing Advocate since 1986) 14 November 2013
Lok adalat does not have power to pass exparte order Section 20 (i) (a) (4) (5) of the Legal Services Authorities Act, 1987. You should have challenged order of Lok Adalat order passed was exparte to setaside order of Lok adalat. Delcaratory suit to to declare exparte order of Lok Adalat suit is dismissed now you filed appeal. You should have filed Writ Petition under Article 266 & 227 of the Constitution of India. For advise contact: GLOBAL LEGAL SERVICES, Cell No: 9290673693, globallegalservicesindia@gmail.com
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