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Report No. 58 Complaint about frivolous petitions 5.8. In regard to Writ Petitions pending in the High Courts, the complaint is that a large number of such petitions are filed mainly to gain time by obtaining stay orders, and ultimately it is found that they do not involve any question which justified the interference of the High Courts under Article 226. In order to prevent the institution of unsubstantial or frivolous writ petitions, a suggestion is made that court empowered to issue a writ should not issue interim stay or injunction, unless notice of the proposal to move the court in that behalf is served on the respondent and copies of all documents in support of the plea for stay or injunction are filed in court and served on the opposite party. |
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