Bare ActsThe Madhya Pradesh Vexatious Litigation (Prevention) Act, 2015

Section 2

Amendment status not verified — confirm the current text below against the official source.

(1) 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 or Courts, whether against the same person or against different persons, the High Court may, after hearing that person or giving him an opportunity of being heard, order that no proceedings, civil or criminal, shall be instituted by him in any Court (and that any legal proceeding instituted by him in any Court before the order shall not be continued by him).- (a) in the High Court of Madhya Pradesh without the leave of the High Court; and (b) elsewhere in the State, without the leave of the District and Sessions Judge. At the hearing of any such application, the Advocate General may appear through a pleader. (2) Such leave shall not be given unless the High Court or the 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 for the proceedings. (3) No appeal shall lie against an order refusing leave for institution or Continuance of any proceedings by a person who is the subject of an order for the time being in force under sub-section (1) : Provided that nothing in this sub-section shall apply to any appeal which may lie to or any proceeding before the Supreme Court. (4) If it appears to the High Court that the person against whom an application is made under sub-section (1), is unable, on account of poverty, to engage a pleader, the High Court may engage a pleader to appear for him. Explanation.-For the purpose of this section, "pleader" has the same meaning as in clause (15) of Section 2 of the Code of Civil Procedure, 1908 (V of 1908). (5) Every order made under sub-section (1) directing any person to obtain leave before instituting or continuing proceedings shall be published in the official Gazette and may also be published in such other manner as the High Court thinks fit. 702 (3) Short title, extent and commence- ment. LeaveofCourtnec- essaryforvexatious litigant to institute -or continue any civil or criminal proceedings. 702 (4) Proceedings institu- ted or continued without leave to be dismissed. Exclusion of time required for obtaining leave, for computation of limitation period. l=I? ?' ? 26 3llffif 2015

Section 2 – The Madhya Pradesh Vexatious Litigation (Prevention) Act, 2015 | DailyLaw.ai