Avtar Singh Vs Satinder Singh and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

Avtar Singh Vs Satinder Singh and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Award dated 09.09.2017 (Annexure P-4) passed by the National Lok Adalat set aside; Civil Suit restored to its original number; parties directed to appear before the Trial Court on 15.09.2025 for further proceedings in accordance with law.

Issue for consideration

Whether the award dated 09.09.2017 (Annexure P-4) passed by the National Lok Adalat, Ludhiana, dismissing the civil suit as withdrawn being compromised, can be sustained when the parties had not recorded any statement of settlement and had merely sought an adjournment on 04.08.2017.

Court's answer

There was an inadvertent error on the part of the National Lok Adalat: the statements of the plaintiff and defendant No.1 clearly reflected that there was no settlement between the parties and on 04.08.2017 they had only requested that a date be given; parties never recorded a statement that they had settled the dispute. Hence the impugned award cannot be sustained.

Ratio / Principle

The writ petition is allowed and the award dated 09.09.2017 (Annexure P-4) passed by the National Lok Adalat is set aside.

Key takeaways

The civil suit is restored to its original number and the parties are directed to appear before the Trial Court on 15.09.2025 for further proceedings in accordance with law.ratio¶24

Detailed headnote1 paragraphs

Certiorari - National Lok Adalat award - suit dismissed as withdrawn being compromised though no settlement existed - award set aside - civil suit restored. The National Lok Adalat, Ludhiana, by award dated 09.09.2017 (Annexure P-4), dismissed the civil suit as withdrawn being compromised, treating as a settlement the statements of plaintiff Avtar Singh and defendant No.1 Satinder Singh, whereas on 04.08.2017 (Annexure P-1) the parties had merely stated that the compromise was in process and had requested that a date be given; they never recorded a statement of settlement. Holding this to be an inadvertent error on the part of the Lok Adalat, the High Court (Suvir Sehgall, J.) allowed the writ petition, set aside the award, restored the civil suit to its original number and directed the parties to appear before the Trial Court on 15.09.2025 for further proceedings in accordance with law.

CWP-9656-2023 - 1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

(229)

CWP-9656-2023 Date of decision:- 13.08.2025

Avtar Singh

... Petitioner

Versus

Satinder Singh and others ... Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:- Mr. Arjun Veer Sharma, Advocate for the petitioner.

Mr. Atul Goyal, Advocate for respondent No.1.

Respondent No.2 (i) and (ii) was ordered to be proceeded against exparte by this Court vide order dated 18.09.2024.

None for respondent No.3.

********

SUVIR SEHGAL, J. ( ORAL )

Instant petition has been filed for issuance of a writ in the nature of certiorari for quashing order dated 09.09.2017, Annexure P-4, passed by the National Lok Adalat, Ludhiana.

By making a reference to the statements of Avtar Singh and Satinder Singh, who are plaintiff and defendant No.1 before the Trial Court, counsel for the petitioner submits that both the parties had stated that the compromise is in process and the proceedings be adjourned. Counsel submits that, however, taking the statements to be a settlement between the parties, the National Lok Adalat vide impugned award, Annexure P-4, has dismissed the suit as

KAMAL SHARMA 2025.08.20 10:22 I attest to the accuracy and authenticity of this order/judgment. High Court, Sector-1, Chandigarh.

CWP-9656-2023 - 2-

withdrawn being compromised. He submits that the order seems to have been passed by the National Lok Adalat erroneously.

Despite notice, no response has been filed by respondents. 4. Counsel for respondent No.1 states that he does not intend to file any written reply.

Having heard counsel for the parties, this Court is of the view that there seems to have been inadvertent error on the part of the National Lok Adalat. Perusal of the statements of the plaintiff as well as defendant No.1 clearly reflect that there was no settlement between the parties and on 04.08.2017, Annexure P-1, they had requested that a date be given. Parties never recorded a statement that they have settled the dispute. Therefore, impugned award, Annexure P-4, passed by the National Lok Adalat cannot be sustained.

Accordingly, writ petition is allowed. Award dated 09.09.2017, Annexure P-4, passed by the National Lok Adalat is set aside.

Civil Suit is ordered to be restored to its original number. Parties are directed to appear before the Trial Court on 15.09.2025 for further proceedings in accordance with law.

(SUVIR SEHGAL) JUDGE

13.08.2025 Kamal

Whether Speaking/Reasoned	Yes/No
Whether Reportable	Yes/No

KAMAL SHARMA 2025.08.20 10:22 I attest to the accuracy and authenticity of this order/judgment. High Court, Sector-1, Chandigarh.