This judgment dismisses a civil revision petition seeking redirection of a case to Lok Adalath. The court held that under Section 151 CPC and Article 226, the Court cannot compel parties unwilling to participate in mediation or settlement proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2019
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISHKUMAR
C.R.P.(P.D) No.649 of 2009
and
M.P.No.1 of 2009
Thirumalai .... Petitioner
Vs
1. Amsa @ Amutha
2. Minor Ayyappan
3. Minor Santhiya
4. Pandiyan
5. Selvi
6. Sellammal
7. Ramu .... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the docket order passed by the learned Sub Court, Perambalur dated 21.01.2009 rejecting the petition in I.A.S.R.No.119 of 2009 in O.S.No.43 of 2008 on the file of the learned Sub Court, Perambalur filed by the petitioner under Section 151 C.P.C. requesting the Court to refer the matter to the Lok Adalath.
For Petitioner : Mr.R.Singaravelan For Respondents : Mr.P.Valliappan for R1 to R3 No appearance for R4 to R6 No appearance for R7
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O R D E R
This Civil Revision Petition has been filed against the order
of the Trial Court rejecting the petition filed by the petitioner requesting the Court to refer the matter to the Lok Adalath.
that the respondents are not willing to go for Lok Adalath or Mediation.
When that being the position, I do not find any illegality or infirmity in the order of the Trial Court rejecting the petition. The compromise can be arrived only when both parties agreed for settlement and the Court cannot compel the parties, who are not willing to go for Mediation or
Lok Adalath. Hence, the order of the Trial Court in rejecting the
petition filed by the petitioner, does not call for any interference.
Consequently, the connected miscellaneous petition is also closed.
vji Index: Yes/No Speaking Order/ Non-speaking order
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To
The learned Sub Court,
Perambalur.
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N.SATHISHKUMAR,J.
vji
C.R.P.(P.D) No.649 of 2009
and
M.P.No.1 of 2009
11.03.2019
1 issue framed by the court
Whether the High Court can interfere with a trial court order rejecting a petition to refer the matter to Lok Adalath on the ground that respondents are unwilling to participate in mediation.
Colour shows how this judgement treated each authority
None citedReferred
2 provisions across 2 enactments
Thirumalai
Amsa @ Amutha
Minor Ayyappan
Minor Santhiya
Pandiyan
Selvi
N. Sathishkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
