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Report No. 192

Maharashtra Vexatious Litigation (Prevention) Act, 1971 is confined to the State of Maharashtra

This Act of 1971 is made applicable to fresh cases to be filed as well as to pending actions. It is otherwise on the same lines as the Madras Act of 1949. Under this Act, the Advocate General can apply for declaring the opposite party as a vexatious litigant, as per section 2(j), but the applications have to be filed on the Appellate Side of the High Court (see Rule 7 of the Rules) and should be heard by a Division Bench of the Court and order of the Court should be published as prescribed in the Act (published in the Gazette) and be circulated to such courts as the High Court would order.

A person against whom an order under section 2(i) was passed, could apply for leave to institute the either to the High Court (on the original side) or the High Court (on the appellate side) or to the District Judge or to the Sessions Judge, as the case may be, while instituting or continuing civil or criminal proceedings. Unless the courts above referred to, granted permission for initiating or continuing the proceedings, the Court would not take up the action on adjudication.

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