Section 35 in The Maharashtra Civil Courts Act, 1869
35. [ Temporary vacancy in office of District Judge. [Section 35 was substituted for the original by Maharashtra 46 of 1977, Section 17.]
- In the event of the death of the District Judge or of his absence from his district on leave or of his becoming incapable of acting, the first in rank of the [Joint District Judge] in the district, or in the absence of any [Joint District Judge] [These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b).] the first in rank of the [Additional District Judge] [These words were substituted for the words 'Assistant Judge,' by Maharashtra 27 of 1984, Section 2(a).] in the district, or in the absence of any [Joint District Judge] [These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b).] and [Additional District Judge] [These words were substituted for the words 'Assistant Judge,' by Maharashtra 27 of 1984, Section 2(a).] the first in rank of the Civil Judges in the district, shall assume charge or the District Court without interruption to his ordinary jurisdiction and while so in charge, shall perform the duties of a District Judge with respect to the filing of suits and appeals, receiving pleadings, execution processes, return of writs and the like and shall also dispose of any urgent suits, appeals and other proceedings (including any applications or references under any special Acts) which are or may be filed or pending before the District Judge. The Judge performing such duties and exercising such powers shall be designated [Joint District Judge] [These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b).] [Additional District Judge] [These words were substituted for the words 'Assistant Judge,' by Maharashtra 27 of 1984, Section 2(a).] or Civil Judge, as the case may be, in charge of the district, and shall continue in such charge until the office of the District Judge may be resumed or assumed by an officer duly appointed thereto.]
