Lok Adalat’s Don’t Have Authority to Dismiss Cases: J&K&L High Court

Lok Adalat’s Don’t Have Authority to Dismiss Cases for Non-Prosecution Over Non-Appearance of Party: J&K&L High Court

• Lok Adalat’s Don’t Have Authority to Dismiss Cases, Through the medium of the present petition, the petitioner has challenged the Order dated 11th of September 2021 passed by the Lok Adalat constituted in terms of the provisions of the Legal Services Authority Act which was presided over by the learned 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.
• Heard learned counsel for the parties and perused the record.
• The only question that must be determined in this petition is whether Lok Adalat constituted under the Legal Services Authority Act has jurisdiction to dismiss a case in default for non-appearance of a party.
• If we have a look at the provisions contained in the Legal Services Authority Act, Chapter VI of the said Act relates to Lok Adalat’s. Section 19 of the Act, which falls under Chapter VI, provides the mechanism for organizing a Lok Adalat. As per this provision, a Lok Adalat has to be organized either by the State Authority or the District Authority by
  the Supreme Court Legal Services Committee by the High Court Legal Services Committee, or by Taluk Legal Services Committee. The said provision also provides that a Lok Adalat shall consist of serving or retired Judicial Officers and other persons as its members.
• From an analysis of the provisions contained in Section 20 of the Act, which govern how a Lok Adalat has to function, there remains no manner of doubt that a Lok Adalat can pass an award only if the parties arrive at a compromise or settlement. 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 the 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 dated 11th of September 2021, whereby Lok Adalat has dismissed the complaint of the petitioner, is without jurisdiction and, as such, is not sustainable under the law.
• For the foregoing reasons, the present petition is allowed and the impugned order dated 11th of September 2021 is set aside. The complaint filed by the petitioner before the concerned Court shall be taken up for further proceedings for its disposal by law, from the stage which had reached at the time of its reference to the Lok Adalat.

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