Civil Law procedure
Shital bafna
(Querist) 29 September 2010
This query is : Resolved
Most legal systems have measures in place to limit nuisance or nonsense suits, with the goal of saving time, money, and energy for the legal system, and preventing people from using legal suits as a method for harassment. When people are preparing to file suits, they will need to file supporting paperwork and pay fees to show their commitment to seeing the case through in court. If the case turns out to be frivolous in nature, as with some non-suits, there will be legal penalties.
If Any person in India filing such cases against me just for harassment(While similar case is pending in same court on same matter between same parties means between us Which is already in final stage and verdict is likely to be out in few weeks against him .As he just blaming and frivolous in nature and do not have any evidence)then what action should i take to bring to the notice of court this. Misery or tragedy is that court is observing such frivolous behavior and fact are before the court about such frivolous person as case still is pending and in final as said.
Now what will happen that person will come and file frivolous cases against me without any fact and evidence and accusing in many different court and court issuing notices to me and that is harassment for me ?
What should i do under what section it would be punishable?
Devajyoti Barman
(Expert) 29 September 2010
If the subsequent suit is between the same parties in relation to the same cause of action then the second suit is to be stayed u/s 10 of cp. If the second suit is too frivolous to disclose any cause of action then file petition under order 7 rule 11 of cpc for rejection of plaint.
aman kumar
(Expert) 05 October 2010
agree with barman
