IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15250 of 2009 1. HINDUSTAN CONCRETE AND ALLIED INDUSTRIES (CONSTRUCTION) A FIRM HAVING ITS OFFICE AND PLACE OF BUSINESS AT KHETAN SUPER MARKET, 4TH FLOOR, BIRLA MANDIR ROAD, P.S.- PIRBAHORE, DISTT.- PATNA THROUGH SRI MOTI LALL KHETAN PROPRIETOR 2. MOTI LALL KHETAN S/O LATE PRAYAG NARAYAN KHETAN R/O MOHALLA- RAJENDRA NAGAR, P.O.- BANKIPUR, P.S.- KADAMKUAN, DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. THE PERMANENT LOK ADALAT PATNA 3. SUNITA KUMARI @ KRISHNA KUMARI D/O LATE BIRESHWAR PRASAD R/O G-327, NAUROJI NAGAR, NEW DELHI, AT PRESENT RESIDING AT MOHALLA- BARIPATH, BAKARGANJ, P.O.- BANKIPUR, P.S.- PIRBAHORE, DISTT.- PATNA ----------- 3/ 03/05/2011 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are aggrieved by the order dated 18.8.2009 passed by the Permanent Lok Adalat, Patna in L.A. Case No.787/08 as also the original award dated 29.10.2005. Learned counsel for the petitioners submits that the original award was vitiated on the ground that it grants relief beyond the pleadings, it was obtained by fraud and impersonation and that the matter was disposed off in haste. Fraud and impersonation are questions of fact to be established on basis of evidence. Every Court has inherent powers in it, whether vested by Statute or not, to re-visit the order where allegations of fraud and impersonation are made. An order obtained by fraud is a nullity and operates from nativity. No special 2 jurisdiction need be conferred on a court by statute to re-visit the original orders where allegations of fraud are made. The impugned order dated 18.8.2009 holding that the Lok Adalat had no power to re-visit the award on grounds of fraud and impersonation is therefore not sustainable in law. The Lok Adalat is first best suited to re-consider what transpired before it, what was the fraud practiced and whether any impersonation took place, what identifications were made before it etc. The inherent powers of the Court in this regard stands explained in Deepa Gourang Murdeshwar Katre v. V.A.V. College of Arts,(2007) 14 SCC 108 at paragraph 33 : _ “33. It is well settled by a catena of decisions of this Court that if a case of fraud or misrepresentation of such a dimension is discovered that the very basis of the order passed by a court of law is affected, the court can recall its order. The power to recall an order founded upon fraud and misrepresentation is an inherent power of the court.” If a Court of Law grants relief beyond the pleadings, it is also amenable to correction by a superior court. If the Lok Adalat has inherent power to go into questions of fraud and impersonation, there is no reason why it cannot go into the next question whether the award was beyond the pleadings. It is trite law that 3 ‘an act of the Court shall prejudice none’. No one has appeared for Respondent No.3 despite valid service of notice and having entered appearance through counsel. The order dated 18.8.2009 is accordingly set aside and the matter is remanded to the Permanent Lok Adalat to consider the application of the petitioner alleging that the original award dated 29.10.2005 was obtained by fraud and impersonation in light of the discussions contained in the present order. It shall be open for the petitioner to bring the present order to the attention of the Court trying Title (P) Suit No.504/08 before the Sub-judge-I, Patna who shall then consider the relevance of the present order to the partition suit and pass appropriate orders only upon his satisfaction. The application stands disposed. KC ( Navin Sinha, J.)