As far as I understand, there is no all-India Vexatious Litigation (Prevention) Act. I understand that a Private member’s Bill was tabled in Rajya Sabha in 2016 (see link), but it has not been passed so far. Such an Act exists in 2-3 states, but not in all states. I do not know which state you are from and whether there is any such Act in existence in your state.
I have seen the provisions of such Acts in two states (Maharashtra and Rajasthan) and it appears that your case may not be covered thereunder or under similar provisions, as you yourself appear to be the plaintiff.
In your counter reply, you may take the stand that on a previous occasion also, due to non-appearance of the defendant, the matter was allowed in your favour ex parte and subsequently this ex parte order was set aside, and that this is the second time that the matter was allowed in your favour for the non-appearance of the defendant again, and that defendant does not deserve any favourable order this time since he is interested in delaying the matter, etc. Generally speaking, it would be rare to see an ex parte order being passed twice and then getting set aside, though of course it depends on facts of each case. But, such careless party to a case would lose sympathy of the case if it happens again and again.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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