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raj Kushi   29 January 2021

matter settled before lok adalath can be re-open

in partition suit referred to lokadalath plaintiff filed memo for withdrawl for dismissal the suit stating that the matter settled out of court. plaintiff didn't get any share till one month....now plaintiff wanted to reopen the suit.
is it permissible under the law ?
under which provision of law plaintiff move application to re-open the suit ?


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 5 Replies

G.L.N. Prasad (Retired employee.)     30 January 2021

First contact the Secretary, Chairman through advocate and final remedy is only for approaching  High Court within a reasonable time.  I understand that even the third parties who are not even aware of such collusive suits faking a case and then compromising one has to approach HC as per RTI response received from LSA.  Any how local advocate is more competent as first notices has to be issued legally and before approaching HC a record has to be built on such efforts.

P. Venu (Advocate)     30 January 2021

You have misconceived the  facts as well the procedure. If settlement is reached before the Adalat, the Award therefrom is enforceable as a decree.  

raj Kushi   30 January 2021

matter is not reached finality.....plaintiff counsel just filed d memo stating dat matter settled out of court..hence prayed for dismiss d suit as withdrawn

G.L.N. Prasad (Retired employee.)     30 January 2021

Still, most of the LSA compromises are not clearly known.  When parties in a partition suit withdraw after suit withdraws the suit, enter into a compromise with different terms than the judgment, and even after such withdrawal, parties continue to state that withdrawn judgment like "As per the judgment, the suit was withdrawn and a compromise was obtained through Lokadalat..  Whether such compromises after withdrawing partition suits can be treated as Final decree even when terms of compromise and shares determined are different ?.

The normal practice is the court itself sends the paper to Lokadalat when such memos filed after hearing the entire parties.

Dr J C Vashista (Advocate)     31 January 2021

The case stated to have been settled in Lok Adalat can not be re-opend.

No appeal, revision or review is maintainable against such decree.

It is advisable to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.


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