Lok Adalat proceedings are not judicial in nature: Karnataka HC
The Kalaburagi bench of the Karnataka HC was hearing a case where the petitioner had challenged the decree of the Lok Adalat. The bench dismissed the decree and placed the matter before the civil court.
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The bench then dismissed the Lok Adalat decree, placing the matter again before the civil court, adding that the suit had to be wound up by the end of 2024. (File Photo)The Kalaburagi bench of the Karnataka High Court recently observed that proceedings of a Lok Adalat overseen by a judicial officer are not judicial in nature as the officer “is not entitled to discharge the job of a judge and his role is only that of a conciliator”.
The observations were made in an order passed by a single-judge bench of Justice V Srishananda on March 18.
The petitioner in this case was challenging a decree of the Lok Adalat which had been referred to it in a trial court in 2007. At the time, the petitioner was a minor represented by her grandfather in a property matter and a compromise petition had been allowed by the Lok Adalat.
The bench observed, “It is crystal clear that the proceedings before the Lok-Adalath is not a judicial proceedings. It may be a fact that a Judicial Officer presides over the Lok-Adalath as a conciliator along with an advocate conciliator. But before the Lok-Adalath such a Judicial Officer is not entitled to discharge the job of a ‘Judge’ and his role is only that of a conciliator. Therefore, by sheer logic, it would result that the Lok-Adalath cannot entertain an application filed under Order 23 Rule 3 of CPC or for that matter, any other applications where judicial orders are required to be passed.”
The bench then dismissed the Lok Adalat decree, placing the matter again before the civil court, adding that the suit had to be wound up by the end of 2024.
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