Upholding the order of rejection of plaint, the Supreme Court held that the award of Lok Adalat can be challenged only by filing writ petition under Article 226/227 of the Constitution of India, and that civil suit seeking such remedy was not maintianable. The suit in question was filed seeking to set aside a settlement award of lok adalat passed in an earlier suit filed for specific performance of agreement of sale. The plaintiffs alleged that the award was obtained through fraud and misrepresentation.The trial Court rejected the plaint invoking powers under Order 7 Rule 11(d), which enables the Court to reject the plaint if the suit appears to be barred by any law. As per the law laid down in State of Punjab v. JalourSingh and others (2008) 2 SCC 660, the only remedy to challenge an award of Lok Adalat was writ petition under Article 226/227 of the Constitution of India. Relying on the said dictum, the plaint was rejected. However, the High Court set aside the order of rejection, and restored the suit. Against the order of High Court, the defendants approached the Supreme Court.It was contended on behalf of the plaintiffs that a judicial decision will… Read full this story
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