Report No. 162

4.14. Need to quantify the costs for raising frivolous defences.-

There is a general proclivity to raise all the sundry, frivolous and untenable points of facts and law. The Law Commission of India has recommended in its 131st report on the "Role of Legal Profession in the Administration of Justice", (cited in chapter III, supra), that the presiding judge must also certify at the time of passing the judgment whether untenable and frivolous defences were raised how much time was spent in recording the decisions on them, and if so, quantify the costs to be awarded. This will curb the tendency of filing frivolous cases. We reiterate those recommendations for implementation in the Tribunals also.