High CourtsDivision Bench

Hirdey Narain Sahu vs Sheo Shunkur Sahoy

Calcutta High Court · Decided on 18 June 1879 · Citation: (1881) ILR (Cal) 25

HON’BLE JUDGES
Broughton, J · Ainslie, J
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Judgment

1 paragraphs · 141 words

Broughton, J.—I am entirely of the same opinion. With regard to the objection that the document which is the subject of this suit has not been properly registered, and could not be received in evidence, it appears to me that when a document is presented for registration, the Registrar has a duty to perform which involves an enquiry by him as to whether he should register it or not. Having performed that duty, and having done the act required by the Legislature, it is not possible for us, in the absence of any power for reviewing the act of the Registrar, to go behind it. When a document which purports to have been registered is tendered in evidence, the Court cannot reject it for noncompliance with the Registration Law, but can deal with all other objections against it on their merits.