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37.At this juncture, it is noteworthy to refer the decision of the Hon'ble Supreme Court in the case of K.K.Modi v. K.N.Modi and others reported in Indian Kanoon-http://indiankanoon.org/doc/1777887, wherein, the Apex court held that frivolous or vexatious proceedings may also amount to an abuse of the process of the court especially where the proceedings are absolutely groundless. The court then has the power to stop such proceedings summarily and prevent the time of the public and the court from being wasted. Undoubtedly, it is a matter of courts' discretion whether such proceedings should be stopped or not; and this discretion has to be exercised with circumspection. It is a jurisdiction which should be sparingly exercised and exercised only in special cases. The court should also be satisfied that there is no chance of the suit succeeding. While observing so, the Apex Court has at page 12 of its judgment referred to the Supreme Court practice 1995 published by Sweet & Maxwell in paragraph 18/19/33 (page 344) which explains the phrase ?abuse of the process of the court? thus: This term connotes that the process of the court must be used bona fide and properly and must not be abused. The court will prevent improper use of its machinery and will in a proper case, summarily prevent its machinery from being used as a means of vexation and oppression in the process of litigation.