Trial during vacation: What does order 79 actually say?

Order 79 Rule 1(1) provides, in material part, that: “Subject to the Courts Act, 1993 (Act 459) as amended, the Chief Justice may appoint any day including vacations for the hearing of causes or matters as circumstances require.” Subject to the Courts Act, therefore, the judgment entrusted to the Chief Justice under Order 79 is whether the prevailing circumstances require the appointment of days, including days falling within vacation, for the hearing of causes or matters.

Thus, although Rule 4 provides for periods which shall be observed as vacations, it does so expressly subject to the Chief Justice’s power under Rule 1(1) to appoint days during those vacations for the hearing of causes or matters.