P.T. Thomas v Thomas Job
Rule established
A Lok Adalat award passed without genuine consent of both parties is a nullity; consent must be real, not merely formal
Facts
- A dispute between P.T. Thomas and Thomas Job was referred to a Lok Adalat
- Thomas alleged that the settlement was recorded under pressure/threat without genuine consent
- The Lok Adalat recorded the settlement as an "award"
- Thomas challenged the award arguing lack of free consent
Issue
- Whether a Lok Adalat award recorded without the genuine free consent of both parties is valid and enforceable.
Held
- Consent is foundational to Lok Adalat jurisdiction; without genuine consent, the award is void.
- The consent must be real, informed, and free from coercion, undue influence, or threat.
- A settlement recorded under pressure or threat is a nullity.
- Challenge available through writ petition under Art. 226/227 (since S.21(2) bars regular appeal).
- The court must examine whether consent was genuinely given.
Ratio Decidendi
The entire legitimacy of a Lok Adalat award rests on consent. If consent is vitiated (by fraud, coercion, undue influence, or misrepresentation), the award is without jurisdiction and a nullity, challengeable through writ jurisdiction despite the no-appeal bar in S.21(2).
How to use it in an exam
Key line: "A Lok Adalat award without genuine free consent is a nullity. Consent must be real, not merely formal. Challenge lies through Art. 226/227 writ petition."
Source
Source: Supreme Court judgment
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.