VidhiSangh

Supreme Court of India · 07/09/2017

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

[2017] 9 S.C.R. 380 · 2017 INSC 867

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Summary

The Court held that a civil suit challenging a compromise-based Lok Adalat award was barred even when fraud and misrepresentation were alleged. The remedy under binding Supreme Court precedent was a petition under Articles 226 and/or 227 on limited grounds. “Law” in Order VII Rule 11(d) included judicial precedent. It restored rejection of the plaint while preserving liberty to pursue the proper writ remedy without deciding the merits.

Issues

  1. Whether fraud allegations permitted a civil suit to challenge a Lok Adalat settlement award.
  2. Whether “barred by any law” in Order VII Rule 11(d) included binding judicial precedent.

Held

Result

Defendants’ appeal allowed; plaint rejected under Order VII Rule 11(d), with liberty to challenge the award under Articles 226 and/or 227; merits not examined.

Judgment PDF: Supreme Court of India, [2017] 9 S.C.R. 380.