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TMI Blog2007 (3) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... ring for the appellant as well as learned Government Advocate for the respondents. 3. For convenience, we shall refer the parties as arrayed in the writ petition. 4. According to the petitioner, himself, his father and his brother constituted a joint Hindu family. The brother of the petitioner, by name, Ramalingam filed O.S.No.538 of 1995 on the file of Subordinate Judge's Court, Cuddalore against the petitioner and his father for partition of his 1/3rd share in the properties of the family on 25.9.1995. According to the petitioner, he is entitled to 1/3rd share and his father is entitled to 1/3rd share. Thereafter, they entered into a compromise and the compromise was recorded by order dated 8.12.1995 in I.A.No.1269 of 1995. They ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y order dated 4.4.2003, the learned Judge, after finding that section 23 of the Registration Act, 1908 has not been complied with, dismissed the writ petition. Hence, the present appeal. 7. Learned counsel appearing for the appellant/petitioner brought to our notice the reason for not depositing the required non-judicial stamp papers for preparing the final decree. He also brought to our notice the petition filed by the petitioner who is the first defendant in the above said suit. In I.A.No.119 of 2000 the petitioner, after setting out various reasons, prayed the Court for extension of time. The said petition was filed under section 148 read with 151 and 94(e), Code of Civil Procedure. It is also brought to our notice that after hearing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... comes final. The above provision makes it clear that all documents except will are to be presented before a proper officer and the same shall be presented within four months from the date of its execution. If we consider the date on which the final decree was passed by the Subordinate Court, as rightly pointed out by the learned Government Advocate, the document presented before the respondent is hopelessly barred by time. However, the Proviso appended to section 23 makes it clear that a copy of decree or order may be presented within four months from the day on which it was made or whether it is appealable within four months from the date on which it becomes final. It is not in dispute that unless the parties to the proceedings deposi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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