ADVOCATE GENERAL ANDHRA PRADESH Vs. P H MOWLE

JUDGEMENT

(1.) This is a petition "under the provisions of the Vexatious, Litigation (Prevention) Act, 1949 (Madras Act VIII of 1949), hereinafter referred to as the Act.

(2.) The petitioner is the Advocate-General of Andhra Pradesh. The respondent P. H. Mowle, aged about 45 years, is a businessman and resident of Hyderabad. It is. averred by the Advocate-General that the respondent has been, habitually and without any reasonable grounds, instituting vexatious proceedings in Courts situated at Hyderabad and Secunderabad and also in the High Court, all of which he is conducting in person. It is stated that he has been responsible for considerable amount of litigation. The Advocate-General has filed a long list of proceedings instituted by the respondent. He prays that an order may be made that the respondent shall not institute any proceedings, civil or criminal, (a) in the High Court without the leave of that Court, (b) in any Court in the cities of Hyderabad and Secunderabad' without the leave of the Chief Judge, City Civil Court, and (c) in any Court elsewhere in the State without the leave of the District Judge of the concerned district; and that the order to be made under section 2 (1) of the Act may be directed to be published in the Andhra Pradesh Gazette.

(3.) The respondent has filed a lengthy counter wherein he has raised the following contentions :- (1) That the Act cannot be invoked against him as its provisions have not been extended to the area comprised in the former State of Hyderabad ; (2) That the Act is unconstitutional as it abridges the rights of a citizen to seek redress in a Court of law ; and (3) That, on the merits, there is no ground for invoking the provisions of the Act against him. The Act is entitled an Act to prevent the institution of vexatious proceedings in Courts. The material provisions of the Act read as follows :-