MALIMATH, BHASKARAN NAMBIAR
ADVOCATE GENERAL – Appellant
Versus
T. A. RAJENDRAN – Respondent
1. This appeal is by the Advocate General challenging the judgment of the learned single judge rendered in O.P. No. 3568/86. The relevant facts necessary for the disposal of this appeal may briefly be stated as follows: The Advocate General filed the petition invoking S.2 of the Madras Vexatious Litigation (Prevention) Act, VIII of 1949. (hereinafter referred to as the Act), as amended by the State of Kerala by the Kerala Adaptation of Laws Order, 1956. The allegations in the petition are that the respondent Sri. T. A. Rajendran Editor of a paper by the name 'Nawab' residing at Fort Cochin has been habitually and without any reasonable ground instituting vexatious proceedings in civil and criminal courts in the State including the High Court and that therefore an order should be passed directing that no proceeding, civil or criminal, shall be instituted by him in any court without the leave of the District and Sessions Judge. The petition was filed on 26th of May, 1986 and it was posted for preliminary hearing before the learned single judge and it was beard on the 28tb of May 1986 and the order was pronounced dismissing the original petition in limine on 2-6-1986. It i
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