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Tactics Of Filing Multiple Pleas For Same Cause Of Action Burdens System At The Cost Of Needy Litigants: Allahabad HC Imposes 20K Cost

Sparsh Upadhyay
19 Sep 2021 11:44 AM GMT
Tactics Of Filing Multiple Pleas For Same Cause Of Action Burdens System At The Cost Of Needy Litigants: Allahabad HC Imposes 20K Cost
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Admonishing the litigants for their tactics to file multiple litigations on the same cause of action, the Allahabad High Court recently imposed a "deterrent cost" of Rs. 20K on a contract employee in UPSRTC who filed two 482 CrPC petitions on the same subject matter, claiming the same relief with two different sets of petitioners.When the applicant, one Pankaj Kumar apologized...

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Admonishing the litigants for their tactics to file multiple litigations on the same cause of action, the Allahabad High Court recently imposed a "deterrent cost" of Rs. 20K on a contract employee in UPSRTC who filed two 482 CrPC petitions on the same subject matter, claiming the same relief with two different sets of petitioners.

When the applicant, one Pankaj Kumar apologized for his indiscretion, the Bench of Justice Vivek Agarwal observed that if the apology would be accepted, then the damage already caused to the system will not be repaired

The Court further opined that as a compensatory cost so also as a deterrent, a heavy cost was required to be imposed on such litigants, who indulge in the filing of multiple petitions.

"...the fact of the matter is that this is just the tip of the iceberg. There is a growing tendency which is spreading its tentacles like anything because of poor systemic support in the High Court, either due to lack of up-gradation of the technology or because of human error, that such tactics on behalf of the litigant(s) of filing multiple litigations originating from the same cause of action is growing in number, causing undue burden on the system at the cost of deserving and needy litigant(s)," the Court noted.

Therefore, taking into consideration the age of the applicant and the nature of his vocation, which is temporary in nature, the Court thought it fit to impose a deterrent cost of Rs.20,000/-.

Thus, the Court directed him to deposit the cost for playing fraud on the system of filing multiple petitions on the same subjects, claiming same relief with the Legal Services Authority of the High Court of Judicature at Allahabad within 30 days, failing which, the Court added, the Registrar General would be free to get it recovered through Depot Manager, U.P.S.R.T.C., Kaushambi.

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