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2017 (9) TMI 1731 - SUPREME COURTSuit for specific performance of agreement of sale - remedy available to the person aggrieved of the award passed by the Lok Adalat under Section 20 of the Act - Held that:- The only remedy available to the aggrieved person(respondents herein/plaintiffs) was to file a writ petition under Article 226 and/or 227 of the Constitution of India in the High Court for challenging the award dated 22.08.2007 passed by the Lok Adalat. It was then for the writ Court to decide as to whether any ground was made out by the writ petitioners for quashing the award and, if so, whether those grounds are sufficient for its quashing. The High Court was, therefore, not right in by passing the law laid down by this Court on the ground that the suit can be filed to challenge the award, if the challenge is founded on the allegations of fraud. In our opinion, it was not correct approach of the High Court to deal with the issue in question to which we do not concur. Interpretation of the expression "law" occurring in clause (d) of Rule 11 of Order 7 of the Code - whether the expression "law" occurring in clause(d) of Rule 11 of Order 7 of the Code includes "judicial decisions of the Apex Court"? - Held that:- Law includes not only legislative enactments but also judicial precedents. An authoritative judgment of the Courts including higher judiciary is also law. When this Court has laid down a particular remedy to follow for challenging the award of Lok Adalat then in our view, the same is required to be followed by the litigant in letter and spirit as provided therein for adjudication of his grievance in the first instance. The reason being that it is a law of the land under Article 141 of the Constitution of India - It is then for the writ court to decide as to what orders need to be passed on the facts arising in the case. Impugned order is set aside and that of the order passed by the Trial Court is restored - appeal allowed.
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