Pleadings in civil suits cannot be registered as documents under the Registration Act, 1908, as they do not create or affect property rights.

ORDER :

N. Anand Venkatesh, J.

This writ petition has been filed for the issue of writ of Mandamus directing the 2nd respondent to delete the entry made in the encumbrance certificate relating to the property belonging to the petitioner based on the order passed in IA No.1 of 2023 in OS No.238 of 2023 dated 31.10.2024 on the file of the Additional District Judge at Dharmapuri.

2. When the matter came up for hearing on 12.02.2025, this Court passed the following order :-

The subject matter of controversy in the present writ petition pertains to the registration of an order passed by the Additional District Judge, Dharmapuri in I.A No.1 of 2023 in OS No.238 of rd

2022 dated 31.10.2023 wherein the application filed by the 3 respondent seeking for the relief of temporary injunction pending the suit for specific performance was dismissed and this order has been registered as Document No.3186 of 2023 and the same is now creating problems to the petitioner to deal with the property.

2. In the considered view of this Court, the order passed by the concerned Civil Court does not create any right over the property for the 3rd respondent and inspite of the same, the order has been registered by the 2nd respondent. As a result, what the 3rd respondent was not able to achieve before the Civil Court has now been achieved by way of showing an encumbrance over the property.

3. The learned Special Government Pleader brought to the notice of this Court that such practice is continuing for quite some time and there are directions issued by this Court to the effect that even a certified copy of the plaint filed in the suit must be entertained and registered by the registration department. The learned counsel submitted that if such registrations are entertained, the registration department will be flooded with plaints filed in various suits and those plaints by themselves do not create any right or title over the property. That apart, it is not an instrument as defined under Section 2(14) of the REGISTRATION ACT . The learned Special Government Pleader also brought to the notice of this Court the order passed in WP No.16712 of 2024 dated 27.06.2024 in this regard.

4. This Court is inclined to consider the larger issue that has been raised in this writ petition. Hence, post this writ petition under the caption “For orders” on 27.02.2025 and the relevant judgements shall be placed before this Court.

3. The learned counsel for the petitioner submitted that the dismissal of an application filed for temporary injunction, does not create or limit or declare or extinguish any right, title or interest and therefore, the respondents ought not to have entertained the document and registered the same and made the entry in the encumbrance certificate.

4. The learned Special Government Pleader appearing on behalf of the respondents 1 and 2 fairly submitted that the 2nd respondent ought not to have entertained this order dismissing the application filed for interim injunction and register the same. The learned Special Government Pleader submitted that the registration of a document or an instrument must be relatable to those which have been specifically identified under the REGISTRATION ACT , 1908 and the Indian STAMP ACT , 1899. Insofar as a document is concerned, the learned Special Government Pleader submitted that it has not been specifically defined under the REGISTRATION ACT . But, however, to understand this term document, there is sufficient indication that is available under Section 17 and 18 of the REGISTRATION ACT . He further submitted that ultimately, a document mus