MAN PAL SINGH Vs. DISTRICT REGISTRATION OFFICER

JUDGEMENT

(1.) S. R. Singh, J. Heard the learned Counsel for the petitioners and also the Standing Counsel appearing for the Op posite Party No. 1. I have also heard Sri Pranab Ojha, appearing for the opposite parties 2 to 5 and perused the order dated 5-9-97 of the District Registrar thereby foreclosing the right of the petitioners to file objection as well as the order, dated 18-12-97 rejecting the restoration applica tion dated 4-11-97.

(2.) THE learned Counsel for the petitioners urged that the objection under Section 73 of the Registration Act, 1908 has already been filed on behalf of the petitioner before the District Registrar copy of which is annexed as Annexure-2 to the Suppl. affidavit filed today. A perusal of Section 72 of the Registration Act, 1908 would be eloquent of the fact that the period prescribed for appeal against the order refusing to register a document is 30 days from the date of the order. THE Registrar is vested with the power to reverse or alter the order passed by the Sub-Registrar. THE procedure to be ob served by the Registrar, shall be as indi cated in Sections 74 and 75 of the aforesaid Act. Section 75, sub-section (4) of the said Act postulates that the Registrar may for the purpose of any en quiry under Section 74, summon and en force attendance of witnesses and compel them to give evident in the capacity qua a Civil Court. It is thus evidence that the entire Code of Civil Procedure is not in tended to apply to proceedings under Sec tion 72/73 of the Act. THEre is no provision brought to my notice prescribing limita tion for filing any objection to the appeal preferred under Section 72/73 of the Act. By order dated 5-9-97 the District Registrar foreclosed the right of the petitioner to file any objection and by the subsequent order dated 18-12-97, the ap plication for recalling the earlier order dated 5-9-97 has been rejected as barred by time. Since the objection has already been filed, it would be in the fitness of things to direct the Registrar to reckon into consideration the objection and decide the controversy in accordance with law after affording opportunity of hearing to both the parties.