Sikkim High Court Orders Immediate Halt to Direct Filing of Pre-Litigation Cases in Lok Adalats. Litigants Must Follow Legal Services Authorities Act, 1987 Procedures, Sikkim HC Declares
In a significant ruling that could have widespread implications for legal procedures across the state, the Sikkim High Court has directed an immediate cessation of the practice where litigants directly file "pre-litigation cases" before Lok Adalats. The Division Bench, comprising Chief Justice Biswanath Somadder and Justice Bhaskar Raj Pradhan, emphasized adherence to statutory provisions under the Legal Services Authorities Act, 1987.
The ruling came while hearing two connected Commercial Appeals in the case of Nil Kumar Pradhan v. State of Sikkim. The appellants had submitted that they initially filed "pre-litigation suits" directly before the Lok Adalat, which were not resolved, prompting the filing of commercial suits. The Lok Adalat orders in these cases reflected that they were disposed of as withdrawn, highlighting the need for clarity on procedural requirements.
The court delved into the relevant provisions of the Legal Services Authorities Act, particularly Sections 19(5) and 20(2), which dictate the jurisdiction and role of Lok Adalats. It underscored that litigants cannot directly approach Lok Adalats without first filing an application before the appropriate Authority or Committee for determination and reference. This statutory process ensures that the Lok Adalat acts only after a matter has been referred by the designated Authority or Committee, thereby maintaining the integrity of the legal framework.
The judgment highlights that while Lok Adalats have jurisdiction to determine and arrive at a compromise or settlement between parties in cases pending before courts, they can only intervene in "pre-litigation cases" after a referral from the respective Authority or Committee. This referral process includes giving parties a reasonable opportunity to be heard, ensuring fairness and adherence to justice principles.
Citing the Supreme Court precedent in Canara Bank v. G.S. Jayarama, the High Court reiterated that procedural lapses in filing pre-litigation cases directly to Lok Adalats must be rectified. The court has directed the Registry to disseminate this judgment to various legal bodies, including the Sikkim State Legal Services Authority, District Legal Services Authorities, and relevant Bar Associations, ensuring compliance across the legal community.
This directive aims to align practices with statutory mandates, eliminating any procedural inconsistencies and reinforcing the structured approach prescribed by the Legal Services Authorities Act.
The High Court's ruling is expected to streamline pre-litigation processes, ensuring that Lok Adalats function within their statutory limits, and uphold the principles of justice, equity, and fair play.
Statutory provision(s): Legal Services Authorities Act, 1987 - Sections 19(5), 20(2), 19, 20
Nil Kumar Pradhan v. State of Sikkim, (Sikkim)(DB) : Law Finder Doc id # 2783573
