Registration of final decree copy within time accepted where engrossment on stamp papers delayed certified copy availability.

A certified copy of a final decree may satisfy the registration filing period under section 23 of the Registration Act, 1908, where the proviso applies to a decree or order presented within four months from the date it becomes final. Here, the civil court had extended time for depositing stamp papers needed to engross the final decree, so the decree copy could be obtained only after that process. On that footing, presentation of the certified copy after engrossment was treated as within time, and the respondent was required to register it.

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Issues: Whether the certified copy of the final decree was presented within the period prescribed under section 23 of the Registration Act, 1908, and whether the respondent was bound to register it.

Analysis: Section 23 of the Registration Act, 1908 requires documents to be presented within four months from the date of execution, but its proviso permits a copy of a decree or order to be presented within four months from the date of the decree, or where appealable, from the date on which it becomes final. The time for depositing stamp papers for engrossing the final decree had been extended by the civil court under the Code of Civil Procedure, 1908, and the decree copy could be obtained only after such engrossment. In that background, the presentation of the certified copy after obtaining it on stamp papers was held to satisfy the statutory requirement.

Conclusion: The certified copy of the final decree was within time and the respondent ought to have registered it.

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