Published on: October 12, 2023 at 00:18 IST
Court: High Court for the state of Punjab and Haryana
Citation: Tarun Juneja V. Hukam Singh (2009)
Honourable High Court of Punjab & Haryana has held that award of the Lok Adalat shall be deemed to be a decree of a Civil Court where a compromise or settlement has been arrived at Lok Adalat by virtue of Section 20(1) of the Legal Services Authorities Act, 1987. It is held that Court Fee as paid in the cases settled in the Lok Adalat shall be refunded in accordance with Section 21 of the Legal Services Authorities Act, 1987.
On conjoint reading of the Act, it may be observed that the intention of the legislature was to extend a twin relief to the parties i.e. to get the matter settled and in case it is settled, to refund the Court fee as affixed by the plaintiff on the plaint. The motive behind insertion of this provision was to encourage the settlement of disputes with the media of Lok Adalat.
The words as “if the compromise or settlement is arrived at by a Lok Adalat” should not be construed so strictly as to keep those compromises within the purview which may have been effected with the intervention and under the seal of the Lok Adalat or Lok Adalat was to pass a specific order that the compromise was arrived at by it.
When the matter is received by the Lok Adalat, it undergoes a continuous process of efforts before it reaches the climax and receives the seal of the Court and it also depends upon the nature of the case and the manner in which the compromise is effected. But before the Court passes the order with regard to refund the Court fee, it should see if the case was disposed of on the basis of statement of the parties whatsoever such statements may be that the matter has been settled and an order to the effect that matter stands compromised or settled, the Court would be well within its jurisdiction to refund the Court fee. In the instant case parties on persuasion under the directions of the Court compromised and got the sale deeds executed, therefore, the petitioners were certainly entitled to have the refund of Court fee.
Drafted By Abhijit Mishra
