Only urgent cases allowed during civil court vacations: HC
Dehradun: The Uttarakhand high court's (HC) senior judge
Manoj Tiwari
, presiding over a single-judge bench, rejected a petition seeking to request the lower court to hear an appeal during the summer vacation.
The case originated when Nitin Arora filed for a permanent prohibitory injunction and a mandatory injunction. On June 5, with the Dehradun civil courts closed for summer holidays, he filed an appeal under section 96 of the Civil Procedure Code, along with an application under Rule 13 of the General Rules (Civil). The district judge declined the request, citing a lack of urgency to justify a vacation hearing. Thereafter, the petitioner approached the HC.
Rule 13 stipulates that courts shall not hear cases on gazetted holidays unless both parties consent, except for urgent matters that require immediate attention. In the districts of Dehradun, Haridwar, Nainital and Udham Singh Nagar, one civil judge (junior division) and one civil judge (senior division) remain available on rotation throughout the vacation period. In other districts, a designated official is appointed to handle urgent cases.
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The HC emphasised that while the proviso to rule 13 allows civil courts to consider urgent matters during holidays, it does not confer an automatic right for litigants. The determination of urgency rests with the civil court's discretion.
In its June 19 order, the court upheld the previous ruling by the district and sessions court, Dehradun, and concluded that the district judge had acted within their authority when finding insufficient urgency for a vacation hearing. The court found no grounds to interfere with that decision and dismissed the petition accordingly.
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