LAWS(ORI)-2011-10-9

RUTU BARIHA Vs. RAGHUNATH MISHRA

Decided On October 20, 2011
Rutu Bariha Appellant
V/S
RAGHUNATH MISHRA Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner. None appears on behalf of the opp. parties on call.

(2.) The order dated 6.7.2011 passed by the learned Civil Judge (Junior Division), S. Rampur in CM.A. No.1 of 2009 rejecting the petitioner's application under Order 23, Rule-3 read with Section 151, C.P.C. for setting aside compromise decree passed in the Lok Adalat dated 17.8.2003 in Original Civil Suit No.10 of 2003 has been challenged in this writ petition, The Court below has rejected the petition on the ground that Sub-section (2) of Section21 of the Legal Services Authorities Act, 1987 bars the jurisdiction of the Court to set aside the compromise decree passed by the Lok Adalat.

(3.) The reason assigned by the Court below is not borne out from the text of Sub-section (2) of Section 21 of the Orissa Legal Services Authority Act which reads as under :