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1970 Supreme(Raj) 103

C.M.LODHA
Nemichand – Appellant
Versus
Ganeshmal – Respondent


Advocates:
D.P. Gupta and B.K. Keshote, for Appellant; M.B.L. Bhargava, D.D. Bhargava, and A.K. Bhandari for Respondents.

Judgement

JUDGMENT :- The facts giving rise to this second appeal by the plaintiff lie within a narrow compass :

2. Defendants Nos. 1 and 2 Ganeshmal and Sardarmal executed a mortgage deed dated 1-3-54 for a sum of Rs. 8000/-in favour of the plaintiff Nemichand. Shri M. K. Rathi, an Advocate of Ajmer presented the mortgage deed on behalf of the mortgagee plaintiff Nemichand before the Sub-Registrar, Ajmer on 1-7-1954 which was the last date for presentation of the deed, the limitation prescribed for the purpose being four months from the date of execution. The Sub-Registrar returned the document the same day with the following endorsement :-

"Mr. M. K. Rathi counsel for Nemichand present. The above presentation along with the document does not appear to be valid, and further the time prescribed for registration expires to-day and there is no time left to enforce the appearance of the opposite party. Therefore, in view of Section 4 of the Indian Registration Act no further action can be taken. The document is therefore returned."

What exactly happened thereafter is not known but there is a further endorsement of the Sub-Registrar dated 9-10-1954 which runs thus :-

"The document received























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