1883 (5) TMI 1

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....hough, as will be presently seen, that procedure partakes of the character and purpose of registration. 2. The documents, the registration of which is compulsory under s. 17 of the Registration Act, are instruments brought into existence by the act of private parties themselves, the publication and preservation of which can alone be secured by means of their registration; but a sale-certificate is not such an instrument but an act of the Court granting it; and as regards its publication and preservation it is in this position:--S. 316 of the Civil Procedure Code provides that: "Such certificate shall bear the date of the confirmation of the sale; and, so far as regards the parties to the suit and persons claiming through or under them....

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....uments and instruments. 4. I may add that under the general rules and circulars of this Court (page 189), revised and published so late as August last certificates of sale are among those documents which are not only exempted from being destroyed, but are ordered to be "retained permanently." Although, therefore, a certificate of sale does not require the registration provided by s. 17 of the Registration Act, every object obtained by registration is secured to sale-certificates without that formality. Tyrrell, J. 5. I concur in the answer recorded by the learned Chief Justice. Douglas Straight, Richard Charles Oldfield, and Brodhurst, JJ. 6. The primary question to be considered is, whether a sale-certificate, granted to an ....

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....e at which the estate vested in the auction-purchaser, and consequently it was wholly repealed by s. 49 of Act XII of 1879. This hitter Act, it is also important to notice, amended s. 89 of the Registration Act, by introducing the second paragraph now to be found in it, requiring the Court granting a certificate of sale under the Procedure Code to send a copy of it to the registering officer, who "shall file such copy in his Book No. 1." S. 316 of the Procedure Code now provides that "when a sale of immoveable property has become absolute in manner aforesaid, the Court shall grant a certificate, stating the property sold and the name of the person who, at the time of sale, is declared to be the purchaser. Such certificate sha....

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....ertificate of guardianship or to collect debts granted by a District Judge as having been "executed" by him. Still, putting aside any technical objections to the words "executed," a glance at other portions of the Registration Act, as, for instance, ss. 34 and 35, relating to the inquiry before the registering officer, and s. 58, dealing with the particulars required to be indorsed on documents admitted to registration, cannot have any possible application to sale-certificates. The same observation may be made with regard to Part XII, dealing with refusal to register, for under s. 89, paragraph 2, the registering officer has no option or discretion in the matter when the copy of a sale-certificate is forwarded to him by ....