IMPORTANT POINT
Advocates are permitted to prepare non-testamentary documents for registration but are not authorized to prepare manuscript copies for filing, which must be done by licensed scribes as per the relevant rules.

JUDGMENT :

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

The petitioner is an Advocate by profession. He prepared a document (assignment deed) as well as filing sheet (manuscript copy of document presented for filing) for his client and presented the same before the 4th respondent for registration. However the 4th respondent refused to register the document holding that the filing sheet attached to the document was not prepared by a licensed scribe. The filing sheet prepared by the petitioner was returned to him with a direction to produce a fresh one prepared by a licensed scribe along with Ext.P2 letter. It is challenging Ext.P2, the petitioner has approached this Court.

2. I have heard Sri. Prem Navaz, the learned counsel for the petitioner and Smt. Vidya Kuriakose, the learned Government Pleader.

3. Relying on Rules 4 and 6 of the Kerala Document Writers' License Rules, 1960 (for short 'the Rules, 1960) the learned counsel for the petitioner Sri. Prem Navaz submitted that the petitioner being an Advocate has every right to prepare filing sheet attached to the document. Per contra, the learned Government Pleader Smt. Vidya Kuriakose submitted that as per Rule 6 sub clause (xxii) of the Indian Registration (Filing of True Copies) Rules, 1967 (for short 'the Rules, 1967), the manuscript copies of documents presented for filing shall be prepared by a scribe holding a licence under the Rules, 1960.

4. The persons eligible to prepare a document presented for registration under the Indian Registration Act, 1908 are regulated by the Rules, 1960 and the persons eligible to prepare the manuscript copy of a document presented for filing along with the original document are regulated by the Rules, 1967. Rule 4 of the Rules, 1967 prescribes that every document presented for registration under the Indian Registration Act shall be duly accompanied by a true copy of that document. As per Rule 6 of Rules, 1967, true copy can be printed, typewritten or manuscript.

5. Rule 6 of the Rules, 1960 deals with the preparation and presentation of non-testamentary documents for registration. Sub-rule (1) of Rule 6 says that every non-testamentary document, except documents executed by or on behalf of or in favour of the Government of India, or Government of a State in India or local authorities and other bodies corporate presented for registration shall be prepared by a document writer. However, the proviso to the said sub-rule says that no licence will be necessary in the case of a document writer who is an Advocate or Pleader practising before any court in the State. Thus, an Advocate is also entitled to prepare and present a document for registration. But, the question is, whether an Advocate is entitled to prepare the manuscript copies of a document to be presented for filing along with the original document.

6. Rule 6(xxii) of the Rules, 1967 says that manuscript copies of documents presented for filing along with the original document shall be prepared by a scribe holding a licence under the Rules, 1960. Advocates are not permitted to prepare manuscript copy of a document as permitted in the case of preparation of non-testamentary document presented for registration as per the proviso to Rule 6(1) of the Rules, 1960. In other words, as per Rule 6(xxii) of the Rules, 1967, only class of persons empowered to prepare manuscript copies of documents presented for filing are 'scribes' holding a licence under the Rules, 1960. Going by the definition, in Rule 3(5) of the Rules, 1960, a 'scribe' is a person who only assists a document writer in the preparation of documents for registration and who transcribes the documents to be presented for registration. Separate license is provided for document writer and the scribe under the Rules. Thus, even though Advocates practising before any court in the State are entitled to prepare non-testamentary documents to be presented for registration, they are not empowered to prepare manuscript copies of the document to be