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Supreme Court of India 2021-10-07 allowed

Estate Officer vs Colonel H.V. Mankotia (Retired)

Bench: 2 — M.R. Shah

In Brief

A writ petitioner's case was referred to a Lok Adalat with consent. When no settlement was reached between the parties, the Lok Adalat members examined the petition's merits and dismissed it. The appellant challenged this, arguing Lok Adalats lack jurisdiction to decide cases on merits. The Supreme Court held that Lok Adalats are constitutionally limited to facilitating settlement or compromise between parties. Once settlement fails, they must return the case to the originating court. Dismissing a petition on merits without settlement exceeds Lok Adalat jurisdiction. The Court quashed the Lok Adalat's order and remanded the writ petition to the High Court for decision on merits.

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Alternative Dispute Resolution Lok Adalat Jurisdiction Legal Services Authorities Civil Procedure

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