SARDAR ALI KHAN, J.

( 1 ) BY an order dated 17-8-1991 a learned single Judge of this Court has referred this C. M. A. to a Division Bench for an authoritative pronouncement on the question as to whether an appeal, aggrieved by an order passed by the Vacation Civil Judge (Additional District Judge), Nellore, during vacations, in I. A. 385/91 in O. S. 25/91 on 31-5-1991, can be filed in the High Court. The learned single Judge entertained a doubt about the provisions of S. 32 (5) and (6) read with S. 17 of the A. P. Civil Courts Act, 1972 and expressed his dissent with the decision rendered by another learned single Judge, reported in V. Rama Rao v. K. Balakotaiah, (1985) 2 ALT 276. In the order under reference it is stated that in the normal course an appeal shall He to the Subordinate Judge s Court or the District Court, as the case may be, against the decree or order passed by the District Munsif. Further more, it is stated that the scheme contemplated under S. 32 is only limited during the vacation of the Civil Courts and in this case the suit was laid just three days before the courts would re-open after summer vacations.

( 2 ) THE learne0d Vacation Civil Judge passed an interim order, dated 31-3-1991 in I. A. 385/91 in O. S. No. 25/91, directing to convene the Body meeting or in accordance with the registered constitution and by-laws registered on 15-7-1954 in administering the society and ordered notice to the other side returnable by 6-6-1991 by which time the courts were to re-open after summer vacations and further proceedings were to continue in the District Munsif s Court.

( 3 ) IN order to answer the reference, we have carefully considered S. 32 of the A. P. Civil Courts Act, 1972. It would not be out of place to re-produce hereunder the relevant provisions of S. 32 of the A. P. Civil Courts Act, 1972, which are as follows:--"32. Appointment of Vacation Civil Judge:-- (1) notwithstanding anything in this Act or in the Code of Civil procedure, 1908, the High Court may, for the duration of the adjournment of any District Court in summer, appoint for such District Court a Vacation Civil Judge not below the rank of a District Judge or the Government may, after consultation with the High Court so appoint a Vacation Civil Judge not below the rank of a Subordinate Judge. (2)xx xx xx (3)xx xx xx (4) Notwithstanding the appointment of the Vacation Civil Judge every Court in the District shall, during the period it is adjourned for summer vacation be deemed to be closed for the purpose of Section 4 of the Limitation Act, 1963. (5) On the reopening of the District Court, a Court of Subordinate Judge or a Court of District Munsif after the summer vacation, all suits, appeals and other proceedings pending in the court of the Vacation Civil Judge, which, but for this section would have been instituted or pending in such District Court, Court of Subordinate Judge or Court of District Munsif, as the case may be, shall stand transferred to the Court concerned and any judgment, decree, order or proceeding passed by the Vacation Civil Judge, shall, after such transfer, be deemed to be a judgment, decree, order or proceeding passed by the court concerned. (6) Notwithstanding the provisions of subsection (5) any appeal from the judgment, decree or order of the court of the Vacation Civil Judge shall, when such appeal is allowed by law, lie to the High Court. "

( 4 ) A reading of the above sub-sections clearly reveals the fact that the High Court may, for the duration of the adjournment of any District Court in summer, appoint for such District Court a Vacation Civil Judge, not below the rank of a District Judge, or the Government may, after consultation with the High Court, so appoint a Vocation Civil Judge, not below the rank of a Subordinate Judge. Under sub-sec. (4) of S. 32 it is provided that notwithstanding the appointment of the Vacation Civil Judge every Court in the district shall, during the period it is adjourned for summer voc

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