HIGH COURT OF KERALA
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(1.) This is an application to transfer O.S. No. 30 of 1956 on the file of the Subordinate Judge, Palghat, to the file of this Court for the purpose of passing provisional orders of an urgent nature (during the vacation) and retransferring the same after such orders are made.
(2.) S.19 of the Kerala Civil Courts Act, I of 1957, reads:
(1) The High Court may permit the civil courts under its control to adjourn from time to time for periods not exceeding in the aggregate sixty days in each year.
(2) During the adjournment of a civil court, the High Court shall have the power to make provisional orders in all urgent matters and for such purpose to receive appeals, plaints and petitions which would ordinarily be presented to such civil court and any such order shall remain in force only until the matter has been heard and decided by the court having jurisdiction.
To me it appears that the plain effect of this Section is to confer on the High Court, during the adjournment of subordinate civil courts, the power to pass provisional orders of an urgent nature in all cases instituted, or to be instituted, in such courts. In other words, this Section invests the High Court with power to make provisional orders during a vacation in matters normally arising in subordinate civil courts. A transfer of the case to the file of the High Court is therefore unnecessary for that purpose.
(3.) The matter is further clear in sub-section (2) of S.19 wherein it is mentioned that the provisional orders made by the High Court are to remain in force only until the matter has been heard and decided by the subordinate court concerned, and that it may receive plaints and other proceedings meant for the subordinate courts. It is evident that the vacation Judge exercising jurisdiction under S.19 (2) of the Civil Courts Act, 1957, is really exercising the powers of the subordinate civil courts to the extent indicated in the Section. It is also pertinent to note that the Kerala Civil Courts Act, 1957, deals only with the powers of civil courts subordinate to the High Court, and it is there that the above said provision occurs. The transfer of the suit as prayed for in this petition is quite unnecessary; and the petition is therefore dismissed.;
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