PANNA LAL PRASAD Vs. MANOJ KUMAR GUPTA

JUDGEMENT

(1.) Heard the learned senior counsel appearing on behalf of the petitioner.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner for quashing the order dated 04.02.2011 passed by the Permanent Lok Adalat, Buxarin pre-litigation case No.18 of 2011.

(3.) It appears that a pre-litigation case No. 18 of 2011 was filed by the applicant-respondent against the opposite party-respondent in the Permanent Lok Adalat without making the present petitioner a party in the pre-litigation case. The petitioner claimed himself to be the full brother of the applicant and the pre-litigation case was filed for partition of the joint family property. The parties to the pre-litigation case compromised and on the basis of the compromise, the Lok Adalat passed the award. The petitioner filed an application for setting aside the said award on the ground that he was not made party in the pre litigation case and that the respondent by playing fraud on the Permanent Lok Adalat obtained the Award. By the impugned order, the Permanent Lok Adalat rejected the application on the ground that the Permanent Lok Adalat has no jurisdiction to entertain the said Misc. case.