RANJIT KUMAR CHOUDHURY Vs. DHIRENDRA CHOUDHURY

JUDGEMENT

(1.) This Civil Misc. Petition involves a challenge to the direction part of the trial court in disposal of a suit in terms of compromise thereby directing the decree to he registered before the competent authority on the Bench Mark Valuation.

(2.) Sri Mohapatra, learned counsel for the petitioner referring to Section 18 of the Registration Act, 1908 dealing with the table of fees in respect of registration of different instruments, submitted that since the instrument to be presented for the purpose of registration for a decree involving a Civil Court following the provision under Section 18 of the Registration Act, 1908, the petitioner is required to pay court-fee and under the circumstance, challenged that part of the order directing the petitioner to get it registered on payment of stamp dependent on the Bench Mark Valuation is illegal.

(3.) Sri Mohanty, learned counsel for the opposite party, though did not dispute the provision contained in the Registration Act but submitted that since the compromised document needs to be registered, proper stamp should be paid.