Excelsior Correspondent
Srinagar, Aug 16: High Court said that the Lok Adalat has no power to dismiss the case for non-prosecution and set aside the order of Lok Adalat dismissing the case for non-prosecution and remanded the same to the concerned court for its disposal.
The petitioner Syed Tajamul Bashir through his counsel Mir Umar challenged order passed by the Lok Adalat constituted in terms of the provisions of Legal Services Authority Act which was presided over by the Judicial Magistrate 1st Class, Magam, whereby the complaint of the petitioner filed under Section 138 of the Negotiable Instruments Act has been dismissed for want of prosecution.
Justice Sanjay Dhar allowed the plea of the petitioner-Bashir and set aside the order of Judicial Magistrate Magam passed in Lok Adalat with the direction that the case of the petitioner before the concerned court shall be taken up for further proceedings for its disposal in accordance with law.
Justice Dhar while underscoring the provision of law which govern the manner in which a Lok Adalat has to function, said, there remains no manner of doubt that a Lok Adalat can pass an award only if the parties arrive at compromise or settlement and in case no such compromise or settlement is arrived at, the only option available with the Lok Adalat is to refer the case back to the concerned Court for its disposal under law.
“There is no power vested with the Lok Adalat to dismiss a case referred to it for non-prosecution, if a party fails to appear before it. Therefore, the impugned order, whereby the Lok Adalat has dismissed the complaint of the petitioner, is without jurisdiction and, as such, is not sustainable under law”, Justice Dhar held.
Court said that when any case is referred to Lok Adalat, it has to be disposed of by the Lok Adalat by arriving at a compromise or settlement between the parties. The Lok Adalat has to be guided by the principles of justice, equity and fair play, while arriving at a compromise or settlement between the parties and if any compromise or settlement could be arrived at between the parties, the record of the case has to be returned by it to the court, from which the reference has been received for disposal of the case in accordance with the law.
“…if no award is made by the Lok Adalat on the basis of the compromise or settlement between the parties, the Lok Adalat has to advise the party to seek remedy in the court, where-after the court has to proceed to deal with the case from the stage which was reached before such reference”, read the judgment.
The High Court further emphasized that Lok Adalats are guided by the principles of justice, equity, and fair play, and their role is to assist in amicable resolution of disputes. Dismissing a case outright, without affording an opportunity to the parties to be heard, is contrary to these principles, the High court underscored.
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