Section 3(3) in Rajasthan Vexatious Litigation (Prevention) Act, 2015
(3)Leave shall not be granted unless the appropriate Court or the appropriate Judge, as the case may be, is satisfied that the proceedings are not an abuse of the process of the Court and that there is prima facie ground in the proceedings proposed to be instituted or continued by the person declared as a vexatious litigant.Explanation. - In this section and Section 5, -(a)the "appropriate Court or appropriate Judge" means -(i)the High Court, in the case of a proceeding proposed to be filed or continued by the person declared as a vexatious litigant in the High Court;(ii)the District and Sessions Judge, in the case of proceeding proposed to be filed or continued by the person declared as a vexatious litigant in any other Court subordinate to the High Court;(b)"institution or continuation of criminal proceedings" means the commencement or institution or continuation of a proceeding seeking prosecution by filing a complaint before a Criminal Court;(c)institution or continuation of civil or criminal proceedings does not include proceedings instituted or continued under Article 226 of the Constitution of India.
