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october 1977

Supreme Court of India · 1977-10-14

T. ARIVANDANDAM vs T. V. SATYAPAL & ANOTHER

Citation / case number
SC 1977/61684
Court
Supreme Court of India
Petitioner
T. ARIVANDANDAM
Respondent
T. V. SATYAPAL & ANOTHER
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that under Order VII Rule 11 of the Civil Procedure Code, if a plaint is manifestly vexatious and does not disclose a clear right to sue, the trial court must exercise its power to dismiss it. The Court emphasized the need for an activist judge to prevent frivolous litigation and directed the trial court to expedite the hearing of a suit deemed a misuse of legal processes, reminding it of Section 35A CPC regarding vexatious cases. The petition for special leave was dismissed, affirming the lower court's decision.

T. ARIVANDANDAM vs T. V. SATYAPAL & ANOTHER · Niyam