P.T. Thomas v Thomas Job

(2005) 6 Supreme Court Cases 478Supreme Court of India2005Alternate Dispute Resolution
ADRlok-adalatconsentnullity

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

  1. 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.

Cited in study notes

ADRLok AdalatsValidity of Lok Adalat award: consent must be genuine; vitiated consent = nullity