Lok Adalats Don’t Have Authority To Dismiss Cases For Non-Prosecution Over Non-Appearance Of Party: J&K&L High Court

A Bench of Justice Sanjay Dhar held, “there remains no manner of doubt that a Lok Adalat can pass an award only if the parties arrive at 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 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.”

Advocate Mir Umar appeared for the petitioner and Advocate Tawheed Ahmad appeared for the respondent.

The High Court emphasized that according to the Legal Services Authorities Act, 1987, which governs Lok Adalats, these bodies are designed to resolve disputes through compromise and settlement. The relevant provisions of the Act specify that if the Lok Adalat cannot pass an award due to a lack of settlement, it must advise the parties to seek relief through the original court. The case should then continue from the stage it had reached before being referred to the Lok Adalat.

In the case at hand, the Lok Adalat had dismissed a cheque bounce complaint because the petitioner did not appear. The High Court found this action to be beyond the Lok Adalat’s jurisdiction. The Court stated that dismissing the case for non-appearance was not within the Lok Adalat’s powers. Consequently, the High Court set aside the Lok Adalat’s dismissal order and directed that the case be taken up again by the original court from the point it was at when referred to the Lok Adalat.

Cause Title: Syed Tajamul Bashir v. Mohammad Ayoub Khan