The Court was dealing with a case where a Lok Adalat had dismissed a case after a party to the dispute refused to submit to its jurisdiction.
The Rajasthan High Court recently observed that Lok Adalats do not have the authority to dismiss a case merely because one or more of the parties to the case refused to appear before it [Kirpal Singh V. State Of Rajasthan].
Justice Arun Monga explained that if disputes referred by a court to a Lok Adalat are not amicably settled, the Adalat could, at best, return the case back to the concerned court.
"In such situations, where no award or decision is made by the Lok Adalat due to the failure to reach an agreement, the case record is to be sent back to the court from which the reference was initially received. The court then takes over and proceeds to handle the case as per the appropriate legal procedures and laws," the Court's July 1 order said.
Lok Adalats offer an alternative platform to resolve disputes. Cases pending before courts of law or at pre-litigation stages can be referred to Lok Adalats for the amicable settlement of disputes under the Legal Service Authorities Act, 1987.
The idea is to ease the burden of courts and to pave the way for faster resolution of legal disputes.
However, Lok Adalats do not have any power to dismiss cases for a default in the appearance of parties or because one of the parties has not participated in its proceedings, Justice Monga made it clear in his July 1 order.
The High Court was dealing with a petition filed by a man (petitioner) challenging the dismissal of a case by the Lok Adalat. The Lok Adalat had dismissed the case as the petitioner refused to submit to its jurisdiction.
The High Court observed that in such a situation, the only recourse available to the Lok Adalat is to send the matter back to the court which had referred the case to the Lok Adalat in the first place.
The High Court concluded that the Lok Adalat in this case exceeded its jurisdiction in dismissing the case.
"I am of the view that the learned Lok Adalat clearly exceeded its jurisdiction in passing the impugned order, as it is not vested with such powers to dismiss a case in default," the High Court said.
Thus, it set aside Lok Adalat order and restored the case to its original status.
Public Prosecutor Gaurav Singh represented the State of Rajasthan while advocate Moti Singh appeared for the petitioner.
[Read Order]
Attachment
Kripal Singh vs State Of Rajasthan.pdf