Vacation of Courts
Do courts have vacations?
Yes, as per the HIGH COURT JUDGES (SALARIES AND CONDITIONS OF SERVICES) ACT, 1954:
23-A. Vacation of High Court :- (1) Every High Court shall have a vacation or vacations for such period or periods as may, from time to time, be fixed by the President, by order notified in this behalf in the Official Gazette, and every such order shall have effect notwithstanding anything contained in any other law, rule or order regulating the vacation of the High Court.
When and for how long are courts closed for the vacations?
As per the Bombay High Court (Original Side) Rules:
29. Vacations :- The vacations to be observed in the High Court and its Offices on the Original Side shall be three in every year, viz., the May, October and December. Vacations and shall begin and end on such days as the Court may direct.
What should one do if they need to urgently file a suit or plaint during the vacation of the court?
As per the Bombay High Court (Original Side) Rules:
31. Applications in vacation and on holidays: – Whenever any application is to be made to the Court in the vacation or on a holiday, the party or his Advocate on record shall give reasonable notice thereof to the Prothonotary and Senior Master or the officer whose duty it is to attend to such application.
31-A. Matters to be dealt with by a Single Judge during Vacations and Holidays :- Notwithstanding anything contained in these rules, a Single Judge may, during vacation or on holidays or when Courts are not in session, grant ad-interim Orders in any urgent matter, civil or constitutional, Original or Appellate, even when ordinarily such orders are required to be passed by a Division Bench, Such ad-interim Orders shall be placed before the appropriate Division Bench for further considerations as soon as possible on re-opening of the Court.
If you need to file a suit urgently then you or your advocate may file your papers specifying the urgency in detail, in the Court Office before 11.30 a.m. every day except Saturdays and Sundays, If any urgent applications are to be made on Saturdays and Sundays, then the concerned Court Associate must be contacted at his/her residence.
What is the procedure for filing a suit or plaint during the vacation?
The suit must be filed with the registrar and
- numbered OR
- without obtaining the Lodgment Number or the Stamp Number from the concerned Registry when the same can be presented to through the Officer nominated to attend Court work during the Summer Vacation;
