Judgment

HIDAYATULLAH, J. : On January 11, 1960, the Advocate General applied to the High Court of Andhra Pradesh, Hyderabad for action against the appellant Prabhakar Rao H. Malwe under S. 2 of the Vexatious Litigation (Prevention) Act 1949 (Madras Act VIII of 1949), on the allegation that Mawle had been "habitually and "without any reasonable ground" instituting "vexatious proceedings in the courts within the cities of Hyderabad and Secunderabad and also in the High Court and appearing in the cases in person; that he was responsible for a considerable amount of litigation or, in other words, that he was a vexatious and habitual litigant. In support of the petition for the invocation of the punitive provisions of the Act, the Advocate-General referred to the following cases:

(i) In C.R.P. No. 1765 /58 Mawle described the judgment of the lower court as shocking to the sense of justice, a grave dereliction of duty, flagrant abuse of fundamental principle of law and the natural justice, full with errors patent on the face, showing a gross manifest injustice done through the tyrannical arbitrary acts."

It was stated that Mawle apologised to the High Court to escape proceedings for co