PARKASH CHAND Vs. TEJA SINGH AND OTHERS

JUDGEMENT

(1.) Civil Suit No. 161/1 of 2014 came up before the National Lok Adalat, in its, sitting convened on 11.7.2015. On the aforesaid date, a compromise borne in Ext. CA, as stood recorded interse the parties in respect of this lis, whereupon they stood engaged, was, tendered by the General Power of Attorney of the plaintiff, before a Bench of the National Lok Adalat. Ext. CA was accepted by both the contesting parties, whereupon, on anvil thereof, the Bench of the National Lok Adalat proceeded to decree the plaintiffs' suit. Subsequently, an application cast under the provisions of 151, CPC was filed before the learned Civil Judge(Junior Division), Solan. The application aforesaid held averments, that the purported executant of the General Power of Attorney, not, constituting one Shri Gaurav Thakur as his attorney, for his making any settlement, in respect of the lis, before the Bench of the National Lok Adalat. Hence, a prayer was made that the award/decree pronounced by the Lok Adalat be quashed and set aside.

(2.) The aforesaid averment is founded upon the award/decree of the National Lok Adalat, being obtained by fraud exercised by the purported GPA, of, one Teja Singh, thereupon both the compromise deed, besides the decree anvilled thereon, as recorded by the Bench of the National Lok Adalat, were, strived to be set aside. Under a pronouncement borne in Ext. P-1, the aforesaid endeavour was accepted by the learned Civil Judge (Junior Division). The aggrieved therefrom rear a challenge thereto, before this Court.

(3.) Any decree/award pronounced by "Lok Adalat", is, made under the provisions of the Legal Services Authority Act, the relevant provision whereof are extracted hereinafter:-