IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12963 of 2011 Tilkeshwari Devi Versus Kailash Rai ---------------------------------- 02. 10.08.2011 Heard the learned counsel for the petitioner. This application has been filed for setting aside the order/award of the Permanent Lok Adalat dated 08.12.2009 as contained in Annexure-1 to this writ application which has been passed on the basis of compromise in title suit no.431 of 2009. The learned counsel for the petitioner submitted that he has specifically mentioned in paragraph 8 and 9 of the application that the judgment and award has been obtained fraudulently by the respondent because according to the learned counsel, the petitioner was made to sign the compromise application on the pretext that she will be given old age pension. A Division Bench of this Court in C.W.J.C. No.14426 of 2009 which was disposed of on 06.11.2009 has held that “As discussed and held earlier, powers of Lok Adalat are not co-extensive with that of civil courts 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 such situation, in our view, nothing in the Code of Civil Procedure or other law can render the petitioners 2 remediless and following the law noticed above in the case of Smt. Anita (supra), we hold that the petitioners will be entitled to invoke plenary jurisdiction of civil court to claim necessary relief on the ground of fraud or even on the grounds available to petitioner no.1.” In the present case also, according to the petitioners, the judgment and award of the Permanent Lok Adalat has been obtained by the respondent by playing fraud and also the signature has been obtained by misrepresentation. Therefore, in such view of the matter, these questions can only be gone into by Civil Court. In view of the above facts, the petitioner may move the Civil Court. With this observation, this writ application is disposed of. Saurabh (Mungeshwar Sahoo,J.)