IMPORTANT POINT
Law of limitation will not apply when a court decree is presented for registration.

ORDER

Writ Petition has been filed directing the 2nd respondent to register the certified copy of the Decree and Judgment dated 11.02.2020 in O.S.No.15 of 2019 on the file of the Subordinate Judge, Palladam without insisting the period of the limitation u/s.23 of the Registration Act, 1908.

2. The case of the petitioner is that petitioner filed a Suit in O.S.No.15/2019 on the file of learned Subordinate Judge, Palladam dated 11.02.2020 for partition and other reliefs and the same was decreed in favour of the petitioner. Whileso, the petitioner presented the certified copy of the same before the 2nd respondent and the same was refused on the ground of delay in presenting the same. Whileso, the petitioner has come up with the present Writ Petition seeking the aforesaid relief.

4. The learned counsel for the petitioner submitted that the issue arises in the present case has already been settled by this Court on several orders that mere delay will not deny the right of the register to renew the encumbrance of the property. In support of his contention, the learned counsel relied upon the judgment of the Hon’ble Division Bench of this Court in W.A.No.336 of 2019 dated 07.02.2019. Accordingly, he prays to allow the writ petition.

5. The learned Special Government Pleader appearing for the Respondents did not dispute the facts submitted by the learned counsel for the petitioner.

6. Heard the learned counsel appearing for the Petitioner and the learned Special Government Pleader for the Respondents and perused the materials placed on record.

7. The issue involved in the present writ petition is covered by the earlier Order passed by the Hon’ble Division Bench of this Court in W.A.No.336 of 2019, dated 07.02.2019. The relevant portions of the order are extracted here under:—

“6. The legal question involved in the instant case is as to whether the respondent could have refused registration of the said decree passed in O.S. No.6 of 1968 dated 29.4.1970 on the ground that it was presented beyond the time limit prescribed under Section 23 of the Act. Since the legal question is no longer res integra and the respondent having not taken note of the legal issue, this Court is of the view that said the writ petition is maintainable and the appellant need not be driven to avail the alternate remedy available under the Act. Accordingly, the preliminary objection raised by the learned Additional Government Pleader stands rejected.

.........................

13. As pointed out by us earlier, we need to first address the legal issue, which arises for consideration as to whether at all the law of limitation as prescribed under Section 23 of the Act would apply to a court decree.

14. This question is no longer res integra and this Court has consistently held that the law of limitation will not apply when a court decree is presented for registration. Earliest of the decisions, which has been followed consistently by a Division Bench of this Court is in the case of A.K. Gnanasankar Vs Joint-II Sub-Registrar, Cuddalore-2[reported in 2007 (2) TCJ 68]. In the said decision, this Court held that the limitation prescribed for presenting a document does not apply to a decree, as it is a permanent record of the court and to register the same, no limitation is prescribed.

15. This decision was followed by one of us (TSSJ) in W.P.No.9352 of 2015 dated 31.3.2015 [B. Vijayan Vs. District Registrar & another]. Subsequently, a similar view had been taken by this Court in W.P.No.8247 of 2016 dated 07.3.2016 [G. Mudiyarasan & another Vs. Inspector General of Registration], which once again relied upon the decision in the case of A.K. Gnanasankar. Further, in the case of Arun Kumar Vs. Inspector General of Registration [W.P.No.16569 of 2016 dated 06.6.2016], this Court directed registration of a judgment and decree passed by the Principal District Munsif Court, Salem by condoning the delay on an application filed by the person presenting the document and in that d