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2001 DIGILAW 1472 (AP)

Syed Tahniat Hussain v. S. Hussain Zaheer Memorial Educational Society, Hydarabad

2001-11-17

MOTILAL B.NAIK

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MOTILAL B. NAIK, J. ( 1 ) THIS revision is filed assailing the order made in 1. A. No. 2726 of2001 in O. P. No. 342 of 1993 dated 10-10-2001 by the Chief Judge, City Civil court, Hyderabad. ( 2 ) PETITIONER filed O. P. No. 342 of 1993 under Section 11 of the Public Societies registration Act, 1350-Fasli, before the chief Judge, City Civil Court, Hyderabad praying the Court to settle the dispute between the parties relating to the management of Dr. S. Hussain Zaheer memorial High School, Hyderabad requiring smooth administration in the interest of the students and the teaching and non-teaching staff of the school. Petitioner also filed an application in I. A. No. 2726 of 2001 under section 20 (l) (i) (b) of the Legal Services authorities Act, 1987 praying the Court below to refer the dispute to the Lok adafat for settlement. The said petition was opposed by the second respondent who filed his counter. The Court below, however, dismissed the said application by the impugned order making the following observations:"notice given. Counter of respondent No. 2 filed. No counter filed for respondent No. 1. Heard both sides. As seen from the counter of the second respondent, the locus standi of the petitioner to file the petition is questioned. Further, the second respondent is not agreeable for the terms suggested by the petitioner. In view of the fact that the parties are not agreeable for any settlement before lok Adalat, the matter cannot be referred to the Lok Adalat. In the circumstances, the petition is dimissed. " ( 3 ) IT is this order of the Court below made in IA No. 2726 of 2001 dated 10-10-2001 which is assailed before this court in this revision under Section 115 of CPC. ( 4 ) HEARD the Counsel for the petitioner and perused the impugned order. ( 5 ) LEARNED Counsel for the petitioner submitted that when a request is made to the Court for referring the dispute pending before it to the Lok Adalat, the Court has no other option than to refer the matter to the Lok Adalat as provided under section 20 (1) (i) (b) of the Legal Services authorities Act. Counsel stated, on behalf of the first respondent no counter was filed in the said LA. Counsel stated, on behalf of the first respondent no counter was filed in the said LA. and the Court below, on the basis of the counter filed on behalf of the second respondent, dismissed i. A. No. 2726 of 2001 in an erroneous manner. Counsel, therefore, seeks to set aside the impugned order and also prays to refer the matter to the Lok Adalat for settling the dispute. ( 6 ) IN order to appreciate the issue involved in this revision, it is necessary to examine Section 20 of the Legal Services authorities Act, 1987 which reads thus: 20. Cognizance of cases by Lok Adalats :- (1) Where in any case referred to in clause (i) of sub-section (5) of Section 19, (1) (a) the parties thereof agree;or (b) one of the parties thereof makes an application to the Court, for referring the case to the Lok Adalat for settlement and if such Court is prima facie satisfied that there are chances of such settlement; or (ii) the Court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat, the Court shall refer the case to the Lok Adalat: provided that no case shall be referred to the lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such Court except after giving a reasonable opportunity of being heard to the parties. (2) Notwithstanding anything contained in any other law for the time being in force, the authority or committee organising the Lok adalat under sub-section (I) of Section 19 may, on receipt of an application from any one of the parties to any matter referred to in clause (ii) of sub-section (5) of Section 19 that such matter needs to be determined by a lok Adalat, refer such matter to the Lok adalat, for determination: provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party. (3) Where any case is referred to a Lok adalat under sub-section (1) or where a reference has been made to it under sub- section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties. (3) Where any case is referred to a Lok adalat under sub-section (1) or where a reference has been made to it under sub- section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties. (4) xxx (5) xxx (6) xxx (7) xxx ( 7 ) A reading of the provisions contemplated under Section 20 of the legal Services Authorities Act, 1987 which relate to cognizance of cases by Lok adalats, it is manifest that cases could be referred to the Lok Adalats in three contingencies, as indicated above. Proviso to Section 20 (1) (ii) of the Act further contemplates that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such Court except after giving a reasonable opportunity of being heard to the parties. Thus, it is clear that before referring a case to the lok Adalat, the parties to the Us have to be given a reasonable opportunity of being heard. ( 8 ) IN this case, it is recorded by the Court below that a counter was filed by the second respondent questioning the locus standi of the petitioner to file such a petition. The second respondent also took a specific stand in his counter that the terms suggested by the petitioner are not agreeable to him and as such, he was opposing the plea of the petitioner to refer the matter to the Lok Adalat. ( 9 ) THE Court below, therefore, prima facie, not satisfied with the request of the petitioner for referring the matter to the Lok Adalat in the light of the opposition of the second respondent, dismissed l. A. No. 2726 of 2001. In my considered view, the Court below is justified in dismissing the application filed by the petitioner and there is no illegality or infirmity in the impugned order warranting interference by this Court under Section 115 ofcpc. ( 10 ) THIS revision is accordingly dismissed at the stage of admission.