Registrar is not the competent authority to testify as to whether the ex-parte decree presented before him/her is a valid and executable one or not

Citation 

2024-3-L.W. 809

IN THE HIGH COURT OF JUDICATURE AT MADRAS

05.01.2024/ W.P. No.36564 of 2023

P.Velmurugan, J.

P.Vasantha Kumari.             ...Petitioner

Vs.

The Joint Sub Registrar-1 Udhagamandalam The Nilgiris i potheq

... Respondent

Registration act, Section 23, time of presenting document

petitioner got an ex-parte decree dated 08.06.2005 presented before the respondent for registration, whereas the respondent refused to register the same and passed the refusal check slip stating that as per the circular ந.க.எண்.34930/ 1/2019 फ्रानं 27.02.2023, there is a bar in registering the ex- parte decree para 2

petitioner has not presented the said exparte decree within stipulated period of 4 months from the date of exparte decree proviso section 23 is not mandatory If the decree/ decree holder gives a valid reason for presenting the decree for registration, the same has to be considered unless the said decree was subsequently set aside or over ruled or modified - Registrar is not the competent authority to testify as to whether the ex-parte decree presented before him/her is a valid and executable one or not Refusal check slip quashed

para 7

Writ petition allowed