M.Ramachandran vs M.Palani on 28 November, 2018

[Cites 2, Cited by 2]

Madras High Court

M.Ramachandran vs M.Palani on 28 November, 2018

Bench: M.S. Ramesh

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                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED:28 .11.2018

                                                          CORAM

                                     THE HONOURABLE MR. JUSTICE M.S. RAMESH

                                              C.R.P.( PD ) No.2207 of 2016

                      M.Ramachandran                                               ...petitioner

                                                             Vs.


                      M.Palani                                                     .... Respondent




                      PRAYER     Civil Revision Petitions filed under Article 227 of the Constitution

                      of   India, praying to set aside the docket Order dated 26.02.2016 made in

                      O.S.S.R.No.1471 of 2016 by directing the Subordinate Judge, Hosur to take

                      the Suit on the file and adjudicate the disputes in accordance with law.




                                        For petitioner     : Mr.R.Bharath Kumar


                                        For Respondent : No appearance

                                                         ******




http://www.judis.nic.in
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                                                          ORDER

In view of the proviso to section 49 of the Registration Act, 1908 which empowers the Court to receive the unregistered document in evidence, the endorsement of the Registry of the Subordinate Court, Hosur cannot be proper. Furthermore, the issue with regard to the sanctity of an unregistered sale agreement cannot be questioned by the Registrar and it is a matter for the trial court to decide. There is no provision contemplated either in Civil Procedure Code or the Civil Rules of practice, empowering the Registry to raise such issues. Hence, the learned Subordinate Judge is called upon to instruct his Registry to refrain from raising these kind of questions on maintainability while at the time of numbering the petition, which is the power vested with the Court.

2. Hence the learned Subordinate Judge, Hosur is called upon to instruct the Registry to number the suit in O.S.S.R.No.1471 of 2016 within a period of one week, if it is otherwise in order.

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3. With the above observations, this Civil Revision Petition is ordered.

No costs.

28.11.2018 Index: Yes/No Internet: Yes/No mfa Note: The Registry is called upon to return the originals to the petitioner forthwith.

To The Subordinate Judge, Subordinate Court, Hosur.

http://www.judis.nic.in 4 M.S.RAMESH. J., mfa C.R.P.( PD) No.2207 of 2016 28.11.2018 http://www.judis.nic.in

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