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Hirdey NaraIn Sahu Vs. Sheo Shunkur Sahoy - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1881)ILR6Cal25
AppellantHirdey NaraIn Sahu
RespondentSheo Shunkur Sahoy
Excerpt:
certificate of registrar - registration act (viii of 1871), sections 49, 60. - broughton, j.1. i am entirely of the same opinion. with regard to the objection that the document which is the subject of this suit has not been properly registered, and could not be received in evidence, it appears to me that when a document is presented for registration, the registrar has a duty to perform which involves an enquiry by him as to whether he should register it or not. having performed that duty, and having done the act required by the legislature, it is not possible for us, in the absence of any power for reviewing the act of the registrar, to go behind it. when a document which purports to have been registered is tendered in evidence, the court cannot reject it for noncompliance with the registration law, but can deal with all other objections against it on their merits.
Judgment:

Broughton, J.

1. I am entirely of the same opinion. With regard to the objection that the document which is the subject of this suit has not been properly registered, and could not be received in evidence, it appears to me that when a document is presented for registration, the Registrar has a duty to perform which involves an enquiry by him as to whether he should register it or not. Having performed that duty, and having done the act required by the Legislature, it is not possible for us, in the absence of any power for reviewing the act of the Registrar, to go behind it. When a document which purports to have been registered is tendered in evidence, the Court cannot reject it for noncompliance with the Registration Law, but can deal with all other objections against it on their merits.


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