IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19189 of 2011 Birendra Kumar Chaudhary & Anr Versus Pramila Devi & Ors ---------------------------------- 02. 04.11.2011 Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed by the petitioner for setting aside the award dated 06.08.2009 passed by the Permanent Lok Adalat, Vaishali at Hajipur in pre- litigation partition suit case No.265 of 2009. The learned counsel for the petitioner submitted that the petitioner have got share in the property but they have not been made party in the suit and the respondents obtained the award from the Permanent Lok Adalat by playing fraud by suppressing the material fact. A Division Bench of this Court in C.W.J.C. No.14426 of 2009 disposed of on 06.11.2009 held that the powers of Lok Adalat are not co-extensive with that of Civil Court who have full power to take evidence including oral evidence and also to exercise necessary powers under Section 151 of the Code of Civil Procedure. In that case, the Division Bench granted liberty to the petitioners to approach Civil Court by filing separate suit on the ground of fraud. Since in the present case also, the petitioners alleges fraud, the said question cannot be decided by this Court in 2 supervisory jurisdiction under Article 227 of the Constitution of India. Therefore, if so advised in view of the above Division Bench decision, the petitioner may approach the Civil Court for redressal of their grievances and if such suit is filed, the concerned Court shall consider the same according to law. With this observation, this writ application is disposed of. Sanjeev/- (Mungeshwar Sahoo,J.)