Madras High Court Requests Advocate General To Consider Invoking Vexatious Litigation (Prevention) Act Against Chennai Resident
Live LawThe Madras High Court recently requested the Advocate General R Shunmugasundaram to consider passing appropriate orders under the Vexatious Litigation Act 1949 against a Chennai resident who is prima facie in the habit of filing vexatious litigations in different courts throughout the state.The bench of Justice Paresh Upadhyay and Justice D Bharatha Chakravarthy gave liberty to. The Madras High Court recently requested the Advocate General R Shunmugasundaram to consider passing appropriate orders under the Vexatious Litigation Act 1949 against a Chennai resident who is prima facie in the habit of filing vexatious litigations in different courts throughout the state. We note that, on the basis of the material produced before this Court, prima facie we find that appropriate order needs to be passed against the present appellant, invoking provisions of the Vexatious Litigation Act, 1949, however we clarify that, these observations are prima facie in nature and in the event learned Advocate-General arrives at the satisfaction that such an order need not be passed, our observations will not bind him, leaving it open to the respondents of these appeals to take recourse to the remedy available to them under the law. The Act provides that if on an application made by the Advocate General, the High Court is satisfied that any person has habitually and without any reasonable ground instituted vexatious proceedings civil or criminal, in any Court, the High Court may, after giving that person an opportunity of being heard, order that no proceedings, civil or criminal, shall be instituted by him in any Court, without prior permission.