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Issues involved:
The issues involved in this case are related to the registration of a final decree in a partition suit, compliance with section 23 of the Registration Act, and the extension of time for depositing stamp papers. Registration of Final Decree: The appellant, along with his father and brother, were involved in a joint Hindu family. A partition suit was filed by the brother for his 1/3rd share in the family properties. After a compromise, a final decree was passed by the court, but the brother did not pay for the required stamp papers. The appellant then paid for the stamp papers and applied for a copy of the final decree. The respondent, Joint Sub-Registrar-II, refused to register the decree copy, leading to the appellant filing a writ petition seeking registration. The learned Judge initially dismissed the writ petition for non-compliance with section 23 of the Registration Act, which requires documents to be presented within four months from execution. However, the Subordinate Judge had extended the time for depositing stamp papers, and the appellant had presented the certified copy of the final decree within the prescribed time. The High Court held that the appellant had satisfied the conditions of section 23 and directed the respondent to register the final decree within four weeks. Compliance with Section 23 of the Registration Act: Section 23 of the Registration Act mandates that documents, excluding wills, must be presented within four months from execution. The Proviso to this section allows for the presentation of a copy of a decree within four months from the date it was made or became final. In this case, the final decree was presented to the respondent after the prescribed time, but considering the extension granted by the Subordinate Judge for depositing stamp papers, the High Court found that the appellant had met the requirements of section 23. The court emphasized that the final decree could not be issued without the necessary stamp papers, and since the appellant presented the certified copy within the specified time, the respondent should have registered the document. Extension of Time for Stamp Papers: The appellant had filed a petition under section 148 read with 151 and 94(e) of the Code of Civil Procedure seeking an extension of time for depositing stamp papers. The Subordinate Judge, after considering the reasons provided in the petition, granted an extension for depositing the required stamps. The court noted that the parties, including the appellant, complied with this order by depositing the necessary stamps and presenting the certified copy of the final decree within the stipulated time. This extension played a crucial role in enabling the appellant to fulfill the registration requirements under the Registration Act.
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