1981 Supreme(MP) 334

H. G. Mishra, J.
Nagar Palika, Maheshwar v. Dwarkadas.
C. Revn. No. 415 of 1981 (I); Decided on 29-5-1981.

Headnote:(1) Civil Courts Act, 1958 (MP) -- S. 21 (2) and (3) -- provisions under -- object is to confer jurisdiction on Civil Courts to perform judicial function even on holiday in case of emergency.

        (2) Courts -- closing for summer vacation -- is not bar or cessation of jurisdiction to administer justice.

        (3) Jurisdiction -- no specific bar created to exercise jurisdiction during summer vacations -- jurisdiction may be exercised on emergency.

        (4) Words and Phrases -- word vacation -- connotation of.

        (5) Words and Phrases -- word holiday -- meaning of.

        By order dated 16-5-1981 the District Judge has refused to consider the application on the ground that the Court cannot exercise jurisdiction to hear Civil work during vacations and has ordered that the papers be kept in office to be placed before the Court for hearing on the opening day after vacation, i. e. on 15-6-1981. It is against this order that the petitioners have preferred revisions along with the aforesaid applications, coupled with an application for urgent hearing of the matter during summer vacation.

        Held : It appears that sub-section (3) of S. 21 of the Act has been enacted to act as a safety valve to meet the situations of such character, otherwise there will be no occasion for doing a judicial act on a holiday. If the construction put by the learned District Judge on the provisions of S. 21 (3) Act were to be accepted as correct and it be regarded that its object is merely to save orders passed by Civil Courts in ignorance of a holiday having been declared and which takes time to reach the Courts, then the provision will be rendered nugatory. Sub-section (3) of S. 21 of the Act is an under :--

        "S. 21 (3)--A judicial act done by a Court on a day specified in a list published under sub-section (2) shall not be invalid by reason only of its having been done on that day."

        We cannot read into sub-section (3) the further requirement that the validity or a judicial act done by a Court on a holiday will not be effected if it has been done in ignorance of the fact that the day on which the act is done is a duly declared holiday. Section 21 (3) is a protective provision. However the power to do a judicial act and performance of judicial functions is implicit in it. The object of the provision appears to be to confer on the Courts inter-alia power to perform judicial functions on a day specified in the list published under sub-section (2) of S. 21 of the Act in case of emergency on an appropriate case for exercise of power to grant interim relief having been made out, it is obligatory on the Courts to give the same. Closing for summer vacation does not bring about cessation of jurisdiction of Courts to administer justice. The connotation of the term vacation is given in Webster Universal Dictionary (Full colour illustrated Unabridged International Edition at page 1646) inter-alia as under :--

        "A fixed, stated, interval in a year during which the ordinary business, work, study and etc. is suspended used expo of Courts of law and of a University period when the Courts are up or not sittings."

        The meaning of the term holiday is given at page 641 of the said Dictionary inler-alia thus :--

        "Day on which work is wholly or partially suspended day or recreation and amusement; to have a holiday every Saturday, on ones birthday, etc."

        Courts are not to act upon the principle that every procedure is to be taken as prohibited unless it is expressly provided for by the Code, but on the converse principle that every procedure is to be understood as permissible till it is shown to be prohibited by the law. See Narsinghdas v. Mangal Dubey 5 All. 163 (FB) at page 172.

        The matter of hearing civil matter on a holiday is essentially a matter within the domain of procedure. In the absence of any prohibition in that behalf, the learned District Judge has jurisdiction to administer justice even during summer vacation. This power does not appear to be exercisable except on emergency being made out. AIR 1977 SC 1348 (1871) 16 Sutherland WR 230 and Webster Universal Dictionary, 1645 and 641 relied on. Revision allowed.