NAGAR PALIKAMAHESHWAR Vs. BALWANTRAO

JUDGEMENT

(1.) This revision petition has been filed by the petitioner who preferred an appeal before the District Judge, West Nimar, Mandleshwar.

(2.) On 16th May, 1981 an application under Section 151 was filed that although the Civil Courts are in vacations but in view of the urgency of the stay application the matter be heard during vacations and an order be passed. The learned District Judge rejected the prayer and by the impugned order directed that the papers of the appeal be kept in the office as nothing could be done during the vacation and further directed that it be listed for hearing on the reopening day i.e. 15th June, 1981. It is against this order passed by the learned District Judge that this revision petition is filed.

(3.) The learned District Judge took the view that during summer vacations the Civil Courts cannot entertain any appeal or application in spite of the fact that Section 21 (3) of the Madhya Pradesh Civil Courts Act provides that an order passed during a holiday or during vacations will not be illegal only because the order was passed during the vacations. The learned District Judge took the view that Section 21 (3) is only a provision which saves any orders passed and, therefore, further observed that there appears to be a defect in the Civil Courts Act and refused to exercise jurisdiction vested in him and, therefore, the present revision petition has been filed.