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2022 Supreme(Online)(MAD) 18426

HIGH COURT OF MADRAS
Hon`ble Mr Justice N. SATHISH KUMAR
RAJESHWARI – Appellant
Versus
THE INSPECTOR GENERAL OF – Respondent


ORDER

This Writ Petition has been filed to quash the impugned Order dated

19.07.2013 returning the Court Decree dated 30.12.2004 passed in O.S.No.363 of 2004 passed by the learned District Munsif, Madurantakkam presented by the petitioner for registration and to direct the second respondent to register the same.

2. It is the contention of the learned counsel appearing for the petitioner that the exparte decree was originally obtained on 30.12.2004 in O.S.No.363 of 2004 and the same was sought to be set aside in I.A.No.405 of 2007 in O.S.No.363 of 2004 which was dismissed on 19.09.2007 against which C.M.A.No.3 of 2008 has been filed and the same was also dismissed on 17.09.2010. Thereafter, the petitioner presented the decree before the second respondent for registration. However, the second respondent returned the decree on the ground that the same has not been filed within 120 days and it has been presented for registration beyond the limitation period.

3. The learned counsel appearing for the petitioner would submit that as far as the decree is concerned, there is no limitation prescribed under Section 23 of the Registration Act to register a decree. This aspect has been upheld by t

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