S SARVOTHAMAN Vs. SUB-REGISTRAR, OULGARET, PONDICHERRY

JUDGEMENT

(1.) We have elaborately heard Mr.K.Selvaraj, learned counsel for the appellant and Mr.D.Ravichander, Additional Government Pleader (Puducherry) accepting notice for the respondent.

(2.) This appeal is directed against the order passed in W.P.No.18593 of 2018 dated 23.1.2019.

(3.) The said writ petition was filed by the appellant praying for the issuance of a Writ of Certiorarified Mandamus to quash the order passed by the respondent dated 05.7.2018, by which, the respondent refused to register the decree dated 29.4.1970 passed in O.S.No.6 of 1968 on the file file of the Principal District Court, Puducherry. The reasons assigned in the impugned order in the said writ petition were that the date of decree is 29.4.1970, that the said decree was presented belatedly after a period of 48 years and that this is beyond the time limit prescribed under Sections 23 and 25 of the Registration Act, 1908 (for brevity, the Act). Accordingly, the order of refusal to register the said decree was passed under Section 71 of the Act.