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1972 Supreme(HP) 54

R.S.PATHAK
Ram – Appellant
Versus
Balak Ram – Respondent


Advocates:
K.D. Sud, for Petitioner; H.S. Thakur, for Opposite Party.

Judgement

ORDER :- This and the connected petition have been made under Art. 227 of the Constitution. The first respondent, Balak Ram, presented two documents of sale, which purported to have been executed by Hira, before the Sub-Registrar, Theog for registration. Hira had already died and the petitioners, who are his legal representatives, denied execution. Accordingly, on June 1, 1970 the Sub-Registrar, acting under Section 5 (3) of the Indian Registration Act, refused registration. In June, 1970, Balak Ram made two applications under S. 73 (1) of the Act before the Registrar in order to establish his right to have the documents registered. An objection was raised by the petitioners that the applications did not conform to S. 73 (2) inasmuch as they were not signed by Balak Ram and had not been verified in the manner required by law for the verification of plaints. It is contended that the defects were defects of substance and not merely formal and they could not be rectified subsequently. The objection was overruled by the Registrar by his order dated January 19, 1971 and he permitted Balak Ram to remove the defects observing that the removal of the defects would not be barred by









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