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Tuesday, September 28, 2021

‘Frivolous litigation’: Vadodara court imposes Rs 1 lakh cost on bail applicant in land dispute case

The court recorded that it is the need of the hour to warn litigation-excited lawyers as nine civil claims, two probate proceedings and three revenue proceedings were filed by the litigant for the disputed property in the case.

By: Express News Service | Ahmedabad |
August 7, 2021 11:22:32 pm
Ordering for a cost of Rs 1 lakh, the court directed that the same must be submitted to the District Legal Services Authority of Vadodara within 15 days from the date of the order.

A Vadodara sessions court has imposed a cost of Rs 1 lakh on an applicant seeking anticipatory bail in a case related to will dispute over a land parcel, on grounds of adding to the court’s burden with “frivolous litigation”.

In an order dated August 5, additional sessions judge Girishkumar Paasi rejected the plea and noted that while on one hand “due to the burden of numerous cases pending before the courts of justice, timely justice is not being delivered to aggrieved parties, on the other hand, false and frivolous litigation filed before the courts is increasing day by day as a result of which truly aggrieved parties despite bearing heavy expenditure are finding it difficult to receive timely justice”.

The court recorded that it is the need of the hour to warn litigation-excited lawyers as nine civil claims, two probate proceedings and three revenue proceedings were filed by the litigant for the disputed property in the case. The court also observed that the litigant had filed forged and false affidavits, in view of which “a hefty amount should be ordered” to teach the accused litigant “a lesson”.

The applicant, Kalpesh Solanki, was charged with criminal breach of trust, cheating, forgery, fraudulently using documents and criminal conspiracy. Solanki had reportedly filed an anticipatory bail plea earlier with a false affidavit, as per the court.

Ordering for a cost of Rs 1 lakh, the court directed that the same must be submitted to the District Legal Services Authority of Vadodara within 15 days from the date of the order.

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