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Civil Courts Act, 1964 Section 28 - Bare Act

StateKarnataka Government
Year
Section TitleVacation
Act Info:

(1) The Civil Courts in the State or in any area of the State shall be closed on such days as may be notified by the State Government as public holidays for the whole State or for such area in the State.

(2) The Civil Courts shall have three vacations in each year, namely, Summer, Dasara and Winter, and the total number of the said three vacations shall not exceed1[sixty days] and the High Court shall fix the period of each vacation.

(3) Notwithstanding anything contained in this Act or in the Code of Civil Procedure, 1908 (Central Act 5 of 1908),-

(a) the High Court, may, where there are more than one District Judge in any District Court, designate by notification any one of those District Judges as the Vacation District Judge for the duration of the adjournment of any District Court in2[any vacation or of any part thereof];

3[(b) where there is only one District Judge in any district, the High Court may, by notification, designate such District Judge or appoint a4[Civil Judge (Senior Division)] in the district as the Vacation District Judge or the Vacation4[Civil Judge (Senior Division)], as the case may be, of the District Court thereof for the duration of the adjournment of such District court in2[any Vacation or of any part thereof].

The High Court may regulate, by special or general order, work to be discharged by the Vacation4[Civil Judge (Senior Division)] or the vacation District Judge.]

(4) (a) The local limits of the jurisdiction of the Vacation District Judge or Vacation4[Civil Judge (Senior Division)] shall be the same as those of the District Court concerned.

(b) The jurisdiction of the Vacation4[Civil Judge (Senior Division) shall extend to all suits, appeals and other proceedings pending in, or cognizable by any Civil Court (whether a District Court, a4[Court of Civil Judge (Senior Division)] or a4[court of Civil Judge (Junior Division)] in the District concerned when such Court is adjourned for2[any] Vacation.

(5) The place at which the Court of the Vacation District Judge or the Vacation4[Civil Judge (Senior Division)] shall be held, shall be the same as the place at which the District Court concerned may be held. The Vacation District Judge or the Vacation4[Civil Judge (Senior Division)] shall have such administrative control over the staff of the several Civil Courts in the District, as the High Court may, by general or special order determine.

(6) Notwithstanding the appointment of the Vacation District Judge or the Vacation4[Civil Judge (Senior Division)], every Civil Court in the District shall, during the period it is adjourned for2[any] vacation, be deemed to be closed for the purposes of section 4 of the Limitation Act, 1963 (Central Act 36 of 1963).

(7) On the reopening of the District Court, a4[Court of Civil Judge (Senior Division)] or a4[Court of a Civil Judge (Junior Division)] after2[any] vacation, all suits, appeals and 17 other proceedings pending in the Court of the Vacation District Judge or Vacation4[Civil Judge (Senior Division)] which, but for this section, would have been instituted or pending in such District Court,4[Court of Civil Judge (Senior Division)] or4[Court of a Civil Judge (Junior Division)], as the case may be, shall stand transferred to such District Court,4[Court of Civil Judge (Senior Division) ]or4[Court of Civil Judge (Junior Division)], and any decree, order or proceeding passed by the Vacation District Judge or the Vacation4[Civil Judge (Senior Division)] shall, after such transfer, be deemed to be a decree, order or proceeding passed by the Court concerned.

(8) Notwithstanding the provisions of sub-section (7), any appeal from the decree or order of the Court of the Vacation District Judge or the Vacation4[Civil Judge (Senior Division)] shall, when such appeal is allowed by law, lie to the High Court.

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1. Substituted by Act 11 of 1981 (w.e.f. 4.4.1981).

2. Substituted by Act 26 of 1985 (w.e.f. 29.4.1985).

3. Substituted by Act 81 of 1976 (w.e.f. 1.10.1978).

4. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).




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