KANCHEDILAL KACHHI Vs. RAJKUMARI KACHHI

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India has been filed by the petitioner being aggrieved by the order dtd. 1/9/2025 (Annexure-P/7) passed by the Second Civil Judge Junior Division, District Narsinghpur in MJC No.57/2025, whereby an application submitted by the respondents/plaintiffs under Sec. 151 of CPC has been allowed and the civil suit RCSA No.902024, dismissed vide order dtd. 10/5/2025 (Annexure-P/4), has been restored.

(2.) It has been contended by learned counsel for the petitioner that the suit has been withdrawn by order dtd. 10/5/2025 from the National Lok Adalat, therefore, it is being an award was required to be challenged by filing the petition under Article 227 of the Constitution of India. To bolster his submissions, he has relied on the judgment passed by the Hon'ble Apex Court in the case of State of Punjab and Another vs. Jalour Singh and Others reported in (2008) 2 SCC 660. It is submitted that the learned Court below has committed grave error of law in allowing the application against the settled principle of law that once the award is passed by the Lok Adalat then it can only be challenged by way of filing a petition under Article 227 of the Constitution of India. As the order has been passed on the application filed under Sec. 151 of CPC, the petitioner has prayed for setting aside such an order dtd. 1/9/2025 (Annexure-P/7).

(3.) Heard the learned counsel for the petitioner and perused the record.