BHARGAVI CONSTRUCTIONS & ANR. versus KOTHAKAPU MUTHYAM REDDY & ORS .

BHARGAVI CONSTRUCTIONS & ANR. versus KOTHAKAPU MUTHYAM REDDY & ORS .

A civil suit challenging an award of Lok Adalat is barred under Order VII Rule 11(d) of CPC because the law laid down by the Supreme Court (in Jalour Singh’s case) is binding, and challenge must be through writ petition under Article 226/227; ‘law’ in Order VII Rule 11(d) includes judicial precedents.

Parties
Appellant: Bhargavi Constructions & Anr.; Respondent: Kothakapu Muthyam Reddy & Ors.
Jurisdiction
India
Judgment Date
07 September 2017
Procedural Posture
Civil Appeal / Appeal Against High Court's Restoration of Suit; Supreme Court Decision
Outcome
Appeal allowed
Legal Topics
Rejection of Plaint, Order VII Rule 11(d) CPC, Challenge to Lok Adalat Award, Binding Nature of Supreme Court Precedents
Civil Procedure Constitutional Law Rejection of Plaint Order VII Rule 11(d) CPC Challenge to Lok Adalat Award Binding Nature of Supreme Court Precedents

Case Brief

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Parties

Bhargavi Constructions & Anr.

Appellant

Kothakapu Muthyam Reddy & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court's Restoration of Suit; Supreme Court Decision

Legal Issues

  1. 1 Whether a civil suit challenging an award of Lok Adalat is maintainable or barred under Order VII Rule 11(d) CPC
  2. 2 Whether ‘law’ in Order VII Rule 11(d) includes judicial decisions of the Supreme Court

Ratio Decidendi

A civil suit challenging an award of Lok Adalat is barred under Order VII Rule 11(d) of CPC because the law laid down by the Supreme Court (in Jalour Singh’s case) is binding, and challenge must be through writ petition under Article 226/227; ‘law’ in Order VII Rule 11(d) includes judicial precedents.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order set aside
  • Order of Trial Court rejecting plaint restored