IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21084 of 2011 Col.Braj Kishore Choudhary & Anr Versus The State Of Bihar & Ors ---------------------------------- 10. 02.12.2011. The petitioners have challenged the award of the Permanent Lok Adalat, East Champaran at Motihari dated 05.09.2011 passed in partition case No.224 of 2011 on the ground that the said award of the Permanent Lok Adalat has been obtained by the respondents by playing fraud on the Permanent Lok Adalat. The learned counsel for the petitioner submitted that the properties of these petitioners were included in the said partition suit No.224 of 2011 by the respondents and without impleadings, the petitioner the respondent compromised and the Permanent Lok Adalat passed the Award on the basis of the said compromise. It may be mentioned here that in similar case, i.e., C.W.J.C. No.20609 of 2011 on 28.11.2011, this Court has granted liberty to the petitioners of that writ application to approach Civil Court in the light of the Division Bench decision of this Court in C.W.J.C. No.14426 of 2009 dated 06.11.2009. The Division Bench in the aforesaid writ application has held as follows : “power 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 remediless and following the law noticed above in the - 2 - 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. As a proposition of law it is well established that a person who was not a party to the proceeding, will not be bound by any order passed therein unless he or she was impleaded through a representative like Karta or an authorized agent who may in appropriate situations represent others.” In view of the above facts, the petitioners may approach the Civil Court for redressal of their grievance by initiating appropriate proceeding. If such proceeding/ suit is initiated by the petitioners, the concerned Court shall decide the same according to law including issues of granting any interim order / relief to the petitioners. With this observation, this writ application is disposed of. Sanjeev/- (Mungeshwar Sahoo,J.)