T ANANTHAN Vs. P C BENJAMIN

JUDGEMENT

(1.) By an order dated 17-8-1991 a learned single Judge of this Court has referred this C. M. A. to a Division Bench for an authoritative pronouncement on the question as to whether an appeal, aggrieved by an order passed by the Vacation Civil Judge (Additional District Judge), Nellore, during vacations, in I. A. 385/91 in O. S. 25/91 on 31-5-1991, can be filed in the High Court. The learned single Judge entertained a doubt about the provisions of S. 32(5) and (6) read with S. 17 of the A. P. Civil Courts Act, 1972 and expressed his dissent with the decision rendered by another learned single Judge, reported in V. Rama Rao v. K. Balakotaiah, (1985) 2 Andh LT 276. In the order under reference it is stated that in the normal course an appeal shall lie to the Subordinate Judge's Court or the District Court, as the case may be, against the decree or order passed by the District Munsif. Furthermore, it is stated that the scheme contemplated under S.32 is only limited during the vacation of the Civil Courts and in this case the suit was laid just three days before the courts would reopen after summer vacations.

(2.) The learned Vacation Civil Judge passed an interim order, dated 31-3-1991 in I.A. 385/91 in O. S. No. 25/91, directing to convene the Body meeting or in accordance with the registered constitution and by-laws registered on 15-7-1954 in administering the society and ordered notice to the other side returnable by 6-6-1991 by which time the courts were to reopen after summer vacations and further proceedings were to continue in the District Munsif's Court.

(3.) In order to answer the reference, we have carefully considered S. 32 of the A. P. Civil Courts Act, 1972. It would not be out of place to reproduce hereunder the relevant provisions of S. 32 of the A. P. Civil Courts Act, 1972; which are as follows :-