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Report No. 192

3. Leave of Court necessary for vexatious litigant to institute or continue any civil or criminal proceedings:

(1)Subject to the provisions of subsection (2), when the High Court under subsection (2) of section 2 or under subsection (2) of section 6 declares a person as a vexatious litigant, it shall also order that -

(a) no proceeding, civil or criminal, shall be instituted by the said person in the High Court or any other court subordinate to that High Court; and

(b)no proceeding, civil or criminal, if already instituted by the said person in the High Court or any other court subordinate to that High Court, shall be continued by him, without obtaining leave of the appropriate Court or Judge referred to in subsection (3).

(2) It shall not be necessary for the person declared as a vexatious litigant to obtain leave in the following cases:

(a) where such person is instituting a proceeding in the appropriate Court or before the appropriate Judge for the purpose of obtaining leave;

(b) where, in any matter instituted against him, such person proposes to file or take appropriate proceedings to defend himself;

(c) where, in a proceeding instituted or continued by such person after obtaining leave from the appropriate Court or the Judge, the said person proposes to file or take appropriate further proceedings.

(3) In this section and in section 5, the "appropriate Court or appropriate Judge" means -

(a) the High Court, in the case of a proceeding proposed to be filed or continued by the person declared as a vexatious litigant in the High Court;

(b) the District & Sessions Judge, in the case of proceeding in any other Court subordinate to the High Court.

(4) Leave shall not be granted unless the appropriate Court or the appropriate Judge, as the case may be, is satisfied that the proceedings are not an abuse of the process of the Court and that there is prima facie ground in the proceedings proposed to be instituted or continued by the person declared as a vexatious litigant.

Explanation: In this section and section 5, -

(a) institution or continuation of civil or criminal proceedings does not include proceedings instituted or continued under Article 226 of the Constitution of India.

(b)institution or continuation of "criminal proceedings" means the commencement or institution or continuation of a proceeding seeking 'prosecution' by filing a complaint before a Criminal Court.



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