Or. VII, rule 11 of C.P.C.- Suit to set aside Lok Adalat on ground of fraud & collusion - Trial court returned the plaint as not maintainable - only remedy is to file writ - Their Lordship held that Whether or not the appellant is justified in his claim, that the award of the Lok Adalat is vitiated by fraud, are matters to be examined by the Court below. As the power to reject a plaint under Order 7 Rule 11(d) is to be exercised by the civil court only if the suit appears, from the statement in the plaint, to be barred by law, the court below erred in rejecting the plaint on the ground that a civil suit is not maintainable. The order under appeal is set aside. We make it clear that we have not expressed any opinion on the truth or otherwise of the appellants claim that the award of the Lok Adalat is vitiated by fraud. The Court below shall adjudicate the suit on its merits, and in accordance with law. - 2015 Telangana & A.P. msklawreports




They sought a decree in their favour, and against the
defendants, to declare para 18 of the compromise recorded in O.S.
No.481 of 2007 before the Lok Adalat dated 22.08.2007, in so far
as it related to land admeasuring Ac.9.29 gts of land in Sy.
Nos.271, 272 and 273 shown to have created rights in favour of
defendant No.31 i.e., M/s. Bhargavi Constructions represented by
Sri V. Ramachandra Rao, as nonest in law for having been
obtained by fraud and collusion, by playing fraud upon the
plaintiffs; and for grant of a permanent injunction restraining the
defendants, especially defendant No.31, their agents, servants,
employees etc., from interfering with the peaceful possession and
enjoyment of the plaintiffs in respect of the suit schedule A, B and
C properties. =


The Court below had rejected the plaint solely on
the ground that a civil suit cannot be filed, and the plaintiffs
remedy is only to invoke the jurisdiction of this Court under Article
226 of the Constitution of India.
Whether or not the appellant is
justified in his claim, that the award of the Lok Adalat is vitiated by
fraud, are matters to be examined by the Court below.  As the
power to reject a plaint under Order 7 Rule 11(d) is to be exercised
by the civil court only if the suit appears, from the statement in the
plaint, to be barred by law, the court below erred in rejecting the
plaint on the ground that a civil suit is not maintainable.  The
order under appeal is set aside.  We make it clear that we have not
expressed any opinion on the truth or otherwise of the appellants
claim that the award of the Lok Adalat is vitiated by fraud.  The
Court below shall adjudicate the suit on its merits, and in
accordance with law.
      The order, under challenge in this appeal, is set aside and
the appeal is allowed with costs. Miscellaneous petitions pending,
if any, shall also stand disposed of.

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APEX COURT DIGEST - Jan.2017 [6]

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Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

"(i) Whether  Section 6  of the Hindu Succession Act, 1956, as amended by the Amendment Act , 2005 is prospective or retrospective in operation? (ii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born prior to 17.6.1956? (iii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born after 17.6.1956 and prior to 9.9.2005? (iv) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies only to daughters born after 9.9.2005? (v) Whether the decision of the Division Bench in the case of Vaishali Ganorkar is per in curium of Gandori Koteshwaramma and others?"   In addressing an argument that the Explanation to  Section 6  clearly provides that partition means any partition made by execution of a deed duly registered under the  Registration Act , 1908...
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Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports

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