BABA SHUB NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The question, which has arisen in the present application filed by way of objection against the order/award of the Lok Adalat constituted under the Legal Services Authorities Act, 1987 is as to whether an objection petition against the order of Lok Adalat is entertainable by this Court by invoking the power under Section 151 of the Code of Civil Procedure.

(2.) The Lok Adalats are constituted in pursuant to the provisions contained under the Legal Services Authorities Act, 1987 hereinafter referred to as the Act. The Constitution, Scope and Jurisdiction of the Lok Adalat has been prescribed under Sections 19, 20, 21 and 22 of the Act. It shall be apposite to notice the aforesaid provisions of the Act, which reads as under :

(3.) The perusal of the aforesaid provisions shows that primarily the Lok Adalats are expected to make an effort to bring around a compromise or settlement between the parties and that for achievement of the said objective, the Lok Adalat shall be guided by the principles of justice, equity, fair play and other legal principles. The Lok Adalats are entitled to pass an award which shall be deemed to be a decree of a Civil Court or as the case may be and the said award shall be final and binding on all the parties to the dispute and that no appeal has been provided against the said award. The award passed by the Lok Adalat would also be enforceable by virtue of the powers of Lok Adalat provided under Section 22 of the Act, and that while exercising such powers, Lok Adalat has been bestowed the powers to specify its own procedure for the determination of any dispute coming before it and that such proceedings are to be deemed to be judicial proceedings. In spite of these powers, the Lok Adalat cannot acquire the jurisdiction of a Court, resultantly, the Lok Adalats cannot assume the role of a regular Court except for recording a Compromise or Settlement.