Kishan Dutt
Procedure to file Civil Suits during CIVIL VACATIONS
Kishan Dutt Kalaskar 25 Jul 2025

Procedure to file Civil Suits during CIVIL VACATIONS

Procedure to file Civil Suits during CIVIL VACATIONS – By Kishan Dutt Kalaskar, Advocate

 

Introduction: -There are some complexities to navigate civil suits which can be daunting without the assistance of the legal authority. Whether it is the dealing with contract disputes, personal injury claim, or any kind of property issue etc. Getting the court assistance can work as a spine for the people.

The Civil litigation in India follows a well-structured procedure, which is governed by the Code of Civil Procedure, 1908 (CPC). However, courts has observed that the concept of ‘civil vacations’, during which regular proceedings are suspended for the time being except if there are any urgent matters. Filing a civil suit during these vacations requires adherence to specific procedural norms to ensure the case is entertained.

Background: - The Civil vacations are designated periods when courts remain closed for routine (regular) matters. These vacations vary across different High Courts and the Supreme Court as the time variations are there. Despite the closure, courts allow urgent cases to be filed and heard through ‘vacation benches’, ensuring that the justice is well served in critical matters.

Grounds for filing: - Under the following circumstances a civil suit can be filed during the period of vacation:

1. Those matters connected with irreparable harm or loss due to delay.

2. Cases which are requiring immediate injunctions or stay orders.

3. The limitation period for filing a suit is about to expire during this vacation period.

4. Those issues which are affecting the public welfare or fundamental rights, etc.

Provisions: - Key provisions Governing Civil Suits during Vacations include:

1)    Order XXXIX CPC – This has less down the interim reliefs such as injunctions.

2)    Section 151 CPC – This has the power to grant inherent powers to courts for urgent matters.

3)    High Court Rules – Each and every High Court has specific rules& regulations regarding vacation benches and urgent filings, etc.

Case laws: -

 1) Sundaram Finance Ltd. v. NEPC India Ltd. (1999) 2 SCC 479 – this mentioned case has highlighted the importance of interim reliefs during vacations.

2)Arjun Singh v. Mohindra Kumar (AIR 1964 SC 993) – This has less down or has explained the discretionary powers of courts during the period of vacation matters.

3) Ram Ratan v. State of Uttar Pradesh (AIR 1956 SC 56) – This has less down or has established that the vacation benches can hear urgent matters without delaying the justice.

 

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