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State of Karnataka - Section

Section 28 in The Karnataka Civil Courts Act, 1964

28. Vacation.—

(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 exceed 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 in any vacation or of any part thereof;
(b)where there is only one District Judge in any district, the High Court may, by notification, designate such District Judge or appoint a Senior Civil Judge in the district as the Vacation District Judge or the Vacation Senior Civil Judge, as the case may be, of the District Court thereof for the duration of the adjournment of such District court in any Vacation or of any part thereof.
The High Court may regulate, by special or general order, work to be discharged by the Vacation Senior Civil Judge or the vacation District Judge.
(4)
(a)The local limits of the jurisdiction of the Vacation District Judge or Vacation Senior Civil Judge shall be the same as those of the District Court concerned.
(b)The jurisdiction of the Vacation Senior Civil Judge shall extend to all suits, appeals and other proceedings pending in, or cognizable by any Civil Court (whether a District Court, a Court of a Senior Civil Judge or a court of a Civil Judge in the District concerned when such Court is adjourned for any Vacation.
(5)The place at which the Court of the Vacation District Judge or the Vacation Senior Civil Judge 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 Vacation Senior Civil Judge 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 Vacation Senior Civil Judge, every Civil Court in the District shall, during the period it is adjourned for 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, a Court of a Senior Civil Judge or a Court of a Civil Judge after any vacation, all suits, appeals and other proceedings pending in the Court of the Vacation District Judge or Vacation Senior Civil Judge which, but for this section, would have been instituted or pending in such District Court, Court of a Senior Civil Judge or Court of a Civil Judge, as the case may be, shall stand transferred to such District Court, Court of a Senior Civil Judge or Court of Civil Judge, and any decree, order or proceeding passed by the Vacation District Judge or the Vacation Senior Civil Judge 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 Vacation Senior Civil Judge shall, when such appeal is allowed by law, lie to the High Court.