Srinagar- The High Court of J&K and Ladakh on Tuesday held that no appeal would lie against Lok Adalat award.
“Every award of Lok Adalat is deemed to be a decree of the civil Court as provided under Section 21 of the Legal Services Authority Act, 1987,” a bench of Justice Wasim Sadiq Nargal while dismissing a plea filed by authorities, challenging to the order dated 9 May .2015 passed by Lok Adalat held at Baramulla, whereby the authorities therein were under command to release the outstanding payment of Rs.3.00 lacs to the contractor within a period of three months on the basis of “admission” made by the then Executive Engineer, Uri regarding execution of construction work of the road from Zehampora to Pahlipora via Naganari, in the year 2008.
“When the Lok Adalat disposes cases in terms of a compromise arrived at between the parties to a suit, after following principles of equity and natural justice, every such award of the Lok Adalat shall be deemed to be a decree of a Civil Court and such decree shall be final and binding upon the parties,” the court said, adding, “Given the element of finality attached to an award of the Lok Adalat, it also follows that no appeal would lie, under Section 96 of the CPC against such award, as has been held by Hon’ble Apex Court in case titled as P.T. Thomas vs. Thomas Job (2005).”
Follow this link to join our WhatsApp group: Join Now
Be Part of Quality Journalism |
Quality journalism takes a lot of time, money and hard work to produce and despite all the hardships we still do it. Our reporters and editors are working overtime in Kashmir and beyond to cover what you care about, break big stories, and expose injustices that can change lives. Today more people are reading Kashmir Observer than ever, but only a handful are paying while advertising revenues are falling fast. |
ACT NOW |
MONTHLY | Rs 100 | |
YEARLY | Rs 1000 | |
LIFETIME | Rs 10000 | |