SRINIVAS RAI Vs. MAHENDRA RAI

JUDGEMENT

(1.) The present appeal arises from order dated 21.9.2012 in C W J C No.2492 of 2004. The Learned Single Judge set aside the Award by the Lok Adalat, Rohtas at Sasaram, in Partition Case no. 358(D) of 2001 dated 29.3.2001 on allegations of fraud and also observed that the Award given in a family dispute will not bind the parties when it is questioned by one of them.

(2.) It is necessary to notice the facts of the case, the provisions of the Legal Services Authority Act, 1987,(hereinafter referred to as the Act) and the Bihar State Legal Services Authority Regulations 1998, framed under Section 29 A of the Act. Also relevant for discussion is the law discussed in (AFCON INFRASTRUCTURE LIMITED & ANOTHER V. CHERIAN VARKEY CONSTRUCTION COMPANY PRIVATE LIMITED & OTHERS, 2010 8 SCC 24) along with the National Legal Services Authority (Lok Adalat) Regulations,2009.

(3.) Claiming to be governed by the Mitakshara school of Hindu law, as karta, the father of the Appellant filed Partition Suit No.358 (D) of 2001 on 29.3.2001 before the Lok Adalat, Sasaram, impleading his sons, their minor chidren and his own wife as defendants. The relief sought was to confirm the partition of the properties to different branches of the family according to Schedules A,B,C and D. The Award was passed on the same day. The Appellant on 19.8.2003 questioned the Award before the Lok Adalat in Misc. case 9(m) of 2003 alleging that he had signed all papers given by his elder brother in good faith. Subsequently the Appellant suspected foul play on part of his elder brother. On obtaining copy of the Award he learnt that his brother had cheated him by changing the allotment of properties. The Appellant alleged that the Award had been obtained by playing fraud. The application was held to be not maintainable under Section 22-E of the Act. The writ petition was filed thereafter.