Hanmantagouda Nagangouda Hiregoudar ... vs Shivappa Dundappa Manwi on 27 September, 1937
6. The next question is as to whether an award requires registration. Under Act III of 1877, decrees and orders of Courts and awards were exempted from registration under Section 17. This Section was amended by the Transfer of Property (Amendment) Supplementary Act, 1929. The clause, as it stood before the amendment, provided that "nothing in clauses B and C of sub-Section (1) applies to any decree or order of a Court and any award ". The effect of the amendment is that an award is no longer exempted from registration, and an award which is of the nature referred to in clauses B and C of Section 17, sub-s(7), is not exempt from registration. It is now clear from sub-Section (2) (vi) of Section 17 of the Act that no registration is necessary in the case of any decree or order of a Court except a decree; or order expressed to be made on a compromise and comprising immoveable property other than that which is the subject-matter of the suit or proceeding. It is argued by Mr. Desai that an award decree is registrable, as the term " compromise " is wider than an award and includes an award, and he referred to the observations of Sir Amberson Marten and Mr. Justice Crump in the full bench case of Chanbasappa v. Baslingayya , f.b.. The answer to that is, assuming that a compromise includes, an award, it must still be shown that it includes or refers to immoveabe property which was not the subject-matter of the suit. That, again, raises another question, for which there is no authority, and that question is : What is the suit in the case of an award made without the intervention of the Court and filed under paragraph 20 of the second schedule to the Civil Procedure Code ? Is it the reference, or is it the award, or is it the reference and the award together, which would constitute the suit ? Paragraph 20 of the second schedule of the Civil Procedure Code provides :