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1906 Supreme(Cal) 162

FRANCIS W. MACLEAN, BRETT
Gopinath Adhikary – Appellant
Versus
Gadadhar Das – Respondent


JUDGMENT

Francis W. Maclean, K.C.I.E., C.J. - This is a case of some peculiarity and novelty. The defendant brought a suit u/s 77 of the Registration Act seeking for a decree directing that a certain document might be registered: and he obtained a decree against, the present plaintiff--a decree simply directing the document to he registered: it said nothing about its presentation for registration within thirty days from the passing of the decree. The section only authorizes the institution of such a suit: nothing more. But to give effect to what would appear to be the intention of the section the decree made under it ought, I think, to provide that the document should be duly presented for registration within thirty days after the passing of the decree. That, I think, is what is meant by the words "a suit for a decree directing the document to be registered in such office, if it be duly presented for registration within thirty days after the passing of such decree." The section, however, is silent as to what the form of the decree should be. After the defendant had obtained this decree, the present plaintiff appealed, and that appeal was unsuccessful. The defendant did not present t

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