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Supreme Court of India 2017-09-07 allowed

Bharvagi Constructions & Anr vs Kothakapu Muthyam Reddy & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

Bharvagi Constructions challenged a High Court judgment allowing a civil suit that sought to declare a Lok Adalat award void on grounds of fraud and misrepresentation. The Supreme Court held that a civil suit is not the proper remedy to challenge a Lok Adalat award. Instead, an aggrieved person must file a writ petition under Articles 226/227 of the Constitution in the High Court on limited grounds. The Court clarified that 'law' in Order 7 Rule 11(d) CPC includes Supreme Court precedents binding under Article 141. Accordingly, the suit was barred and the appeal was allowed, with the plaintiff left free to pursue a writ petition.

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Civil Procedure Alternative Dispute Resolution Lok Adalat Judicial Review Maintainability of Suits

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