Case Note & Summary
The petitioner/plaintiff filed a suit for declaration and injunction regarding suit schedule property, which was disposed of on 10.9.2018 based on a compromise between the parties. The compromise decree involved cancellation of a registered Gift Deed dated 7.6.2016. However, the trial court did not send intimation of the decree to the jurisdictional Sub-Registrar as required under Section 31(2) of the Specific Relief Act, 1963. The plaintiff filed an application under Section 151 CPC requesting the court to send such intimation, but the trial court rejected it on 4.12.2018, holding that the application was not maintainable. The plaintiff then filed a writ petition under Article 227 of the Constitution of India challenging that order. The High Court observed that Section 31(2) of the Specific Relief Act, 1963 imposes a mandatory duty on the court to send a copy of the decree for cancellation of an instrument to the registering officer. The trial court's rejection of the application was erroneous as the court should have complied with the statutory provision on its own. The High Court allowed the writ petition, set aside the impugned order, and directed the trial court to send the intimation to the jurisdictional Sub-Registrar in accordance with Section 31(2) of the Act.
Headnote
A) Civil Procedure - Inherent Powers - Section 151 CPC - Application for sending decree to Sub-Registrar - The trial court rejected the plaintiff's application under Section 151 CPC seeking to send intimation of the decree of cancellation of Gift Deed to the Sub-Registrar, holding that the application was not maintainable. The High Court held that the court has a duty under Section 31(2) of the Specific Relief Act, 1963 to send a copy of the decree to the registering officer, and the application under Section 151 CPC was not necessary. The order rejecting the application was set aside, and the trial court was directed to comply with Section 31(2) of the Act. (Paras 1-6)
B) Specific Relief Act, 1963 - Cancellation of Instruments - Section 31(2) - Duty of Court - The court, after decreeing cancellation of an instrument, is bound to send a copy of the decree to the registering officer under Section 31(2) of the Specific Relief Act, 1963. The trial court's failure to do so and rejection of the plaintiff's application was erroneous. The High Court directed the trial court to send the intimation to the jurisdictional Sub-Registrar as required by law. (Paras 3-6)
Issue of Consideration
Whether the trial court was justified in rejecting the plaintiff's application under Section 151 CPC seeking to send intimation of the decree of cancellation of Gift Deed to the jurisdictional Sub-Registrar, despite the mandatory requirement under Section 31(2) of the Specific Relief Act, 1963.
Final Decision
The writ petition is allowed. The impugned order dated 4.12.2018 passed by IV Addl. Civil Judge and JMFC, Udupi, in O.S.No.577/2016 is set aside. The trial court is directed to send intimation with regard to the decree of cancellation of Gift Deed to the jurisdictional Sub-Registrar, Brahmavara, in accordance with Section 31(2) of the Specific Relief Act, 1963.
Law Points
- Section 31(2) of Specific Relief Act
- 1963 imposes a duty on the court to send a copy of the decree for cancellation of an instrument to the registering officer
- Section 151 CPC cannot be invoked to circumvent statutory duty
- Writ petition under Article 227 of Constitution of India is maintainable against an order rejecting an application under Section 151 CPC
Case Details
2019 LawText (KAR) (04) 34
Writ Petition No.56628 of 2018 (GM – CPC)
Sri. Vyas Rao K.S. for petitioner, Sri. Rajaram Sooryambail for respondent
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Nature of Litigation
Writ petition under Article 227 of the Constitution of India challenging an order rejecting an application under Section 151 CPC.
Remedy Sought
Quashing of the order dated 4.12.2018 passed by IV Addl. Civil Judge and JMFC, Udupi, rejecting the plaintiff's application to send intimation of the decree of cancellation of Gift Deed to the jurisdictional Sub-Registrar.
Filing Reason
The trial court failed to send intimation of the decree of cancellation of Gift Deed to the Sub-Registrar as required under Section 31(2) of the Specific Relief Act, 1963, and rejected the plaintiff's application under Section 151 CPC.
Previous Decisions
The suit O.S.No.577/2016 was disposed of on 10.9.2018 based on a compromise decree involving cancellation of a registered Gift Deed dated 7.6.2016.
Issues
Whether the trial court was justified in rejecting the plaintiff's application under Section 151 CPC seeking to send intimation of the decree of cancellation of Gift Deed to the jurisdictional Sub-Registrar?
Whether the trial court has a duty under Section 31(2) of the Specific Relief Act, 1963 to send a copy of the decree for cancellation of an instrument to the registering officer?
Submissions/Arguments
Petitioner argued that the trial court ought to have sent intimation of the decree to the Sub-Registrar as per Section 31(2) of the Specific Relief Act, 1963, and the rejection of the application under Section 151 CPC was erroneous.
Respondent's arguments are not mentioned in the judgment text.
Ratio Decidendi
Under Section 31(2) of the Specific Relief Act, 1963, the court has a mandatory duty to send a copy of the decree for cancellation of an instrument to the registering officer. The trial court's rejection of the plaintiff's application under Section 151 CPC was erroneous as the court should have complied with the statutory provision on its own. The writ petition under Article 227 of the Constitution of India is maintainable to correct such an error.
Judgment Excerpts
The petitioner/plaintiff filed a suit for declaration and injunction in respect of the suit schedule property... After contest, the suit came to be disposed on 10.9.2018 in terms of the compromise entered into between the parties.
Thereafter the cancellation of Gift Deed dated 7.6.2016 in terms of the decree, was not sent by the Court to the concerned Sub Registrar as contemplated under the provisions of Section 31(2) of the Specific Relief Act, 1963.
Therefore, the decree holder/petitioner herein was forced to file an application under Section 151 of CPC...
The trial court rejected the application holding that the application under Section 151 CPC is not maintainable.
Section 31(2) of the Specific Relief Act, 1963 contemplates that on adjudging the cancellation of an instrument, the court shall cause a certified copy of the decree to be sent to the registering officer.
In view of the above, the impugned order is liable to be set aside and the trial court is directed to send intimation with regard to the decree of cancellation of Gift Deed to the jurisdictional Sub-Registrar, Brahmavara.
Procedural History
The petitioner/plaintiff filed O.S.No.577/2016 for declaration and injunction. The suit was disposed of on 10.9.2018 based on a compromise decree involving cancellation of a Gift Deed. The trial court did not send intimation of the decree to the Sub-Registrar. The plaintiff filed an application under Section 151 CPC on 4.12.2018 requesting the court to send such intimation, which was rejected. The plaintiff then filed the present writ petition under Article 227 of the Constitution of India on the same day.
Acts & Sections
- Specific Relief Act, 1963: 31(2)
- Code of Civil Procedure, 1908: 151
- Constitution of India: 227
