AIR 1977 KERALA 160

Kerala High Court

Hon'ble Judge(s): N. D. P. Namboodiripad , J

(A) Representation of The People Act (43 of 1950) , S.81(1), S.80A(2)— Presentation of election petition - Limitation - Period of limitation expiring during summer vacation of High Court - Petition filed on reopening date, whether barred by limitation - During summer vacation, whether there was no closing of court - Expression 'adjournment' in S.19 of Civil Courts Act - Meaning of. General Clauses Act (10 of 1897) , S.10(1)— Kerala High Court Act (5 of 1969) , S.8— Kerala Civil Courts Act (10 of 1957) , S.19— Adjournment during the summer vacation has always been understood and treated as a closing of the Court. It is to provide alternate arrangement that a Judge of the High Court is nominated by the Chief Justice in exercise of the powers conferred under S.8 of the Kerala High Court Act for hearing all matters which require to be immediately or promptly dealt with.(Para 2) It has been the practice of the Courts in Kerala State inclusive of the High Court to treat the summer vacation as a period during which the courts remain closed except with regard to the functioning of a vacation Judge nominated by the Chief Justice in accordance with S.8 of the High Court Act. It cannot be said that there was no closing of the High Court as such during the summer vacation.(Para 2) In exercise o....