With an enormous number of agreements being made every day in the business world, it is important to safeguard and secure the citizens from having their rights infringed. Especially in the business world, where the party having the power tries to suppress the weaker ones to gain undue profit. The Indian Contract Act, 1872 comes into the picture with its sections, exceptions, and amendments to protect the rights and to prevent such mischievous acts from happening. With different cases emerging in the country, we will see how the law was applied before the amendment and how it is applied after the amendment to such cases to serve justice. And how the different High Courts/Tribunals and the apex court interpret the law for serving justice. Along with the interpretation, this paper discusses some issues or loopholes pertinent to the restraint in legal proceedings (section 28 of the ICA, 1872). This paper also tries to critically analyse the section and adjudicated cases, and give suggestions through which the gaps can be eradicated from the section for its betterment. To have a better and wide understanding of the law, restraint in legal proceedings has been compared with the law of the United Kingdom which is discussed through a case. This paper will also critically analyse how the law functions in the said foreign country. Finally, the paper will be conclude with some benefits and the importance of restraint of legal proceedings in the court of India.
Keywords: Agreements, Restraint, Legal Proceedings, Limitation Act, Contract Law.
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