What are the measures available to curb frivolous or vexatious litigation in India?
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In this article, we shall examine the alternatives to enhancement of user costs available to curb frivolous or vexatious litigation in courts. Broadly, two alternatives have been tried and have been found more or less effective. One is the imposition of exemplary costs by the courts in individual cases. This serves as a specific deterrent on the recalcitrant litigant. The other device is by empowering the courts through a separate legislation or by a specific provision in a statute.