- The Compromise entered in Lok Adalat , whether falls under “Compromise Out of Court”
A compromise entered in Lok Adalat does not fall under the category of “compromise out of court”. A compromise out of court is a settlement between the parties without the intervention or approval of the court. A compromise in Lok Adalat, on the other hand, is a settlement between the parties with the assistance and consent of the Lok Adalat, which is a statutory body under the Legal Services Authorities Act, 1987. A compromise in Lok Adalat has the same effect as a decree of a civil court and is binding and final on the parties. Therefore, a compromise in Lok Adalat is different from a compromise out of court.
- Whether such compromise (Considering out of Court) requires to be recorded before Executing Court as per Order 21 Rule 2 CPC.
Order 21 Rule 2 of the Code of Civil Procedure, 1908 (CPC) provides that where any money payable under a decree of any kind is paid out of court or where any property movable or immovable is transferred by any party to a suit to another in satisfaction of his claim under such decree, such payment or transfer shall be certified to the court whose duty it is to execute such decree. However, this rule does not apply to a compromise in Lok Adalat, as it is not a payment or transfer out of court, but a settlement in Lok Adalat. Moreover, as per Section 21 of the Legal Services Authorities Act, 1987, every award made by a Lok Adalat shall be deemed to be a decree of a civil court and shall be final and binding on all the parties thereto and no appeal shall lie to any court against such award. Therefore, such compromise does not require to be recorded before executing court as per Order 21 Rule 2 CPC.
If reply is “yes” from Experts…then How to satisfy the Executing Court, In view of settled law of SC cited above.
Since the reply is “no” from me, this question does not arise. However, if you still want to know how to satisfy the executing court in case of a compromise in Lok Adalat, you may have to produce the award or certificate issued by the Lok Adalat before the executing court and seek its execution as per Order 21 Rule 11 CPC. You may also have to show that there was no fraud or coercion involved in the compromise and that it was voluntary and lawful. However, you should consult a lawyer and follow his or her advice before taking any action.