- (1.) Heard learned Counsel for the parties.
(2.) This writ petition is directed against order dated 29.10.1997 passed by District Registrar, Jalaun in an appeal under Section 72 of Registration Act, 1908, Samar Singh v. Vijai Singh. Through the impugned order 3 months and 24 days delay in filing appeal has been condoned. The sale-deed was refused to be registered by the Sub-Registrar through the order dated 12.2.1996. According to Samar Singh-Appellant-Respondent No. 1 in this writ petition he got the information of the refusal order on 24.2.1996. There is no dispute that limitation of 30 days to file appeal under Section 72 of Registration Act starts from the date of knowledge. Appeal was filed on 18.6.1996. However, delay condonation application was filed on 16.12.1996. In the said application it was stated that Appellant-Respondent No. 1 remained ill from 27.2.1996 to 17.6.1996. This allegation of illness has been found to be correct by the District Registrar, Jalaun at Orai.
(3.) The main point argued by learned Counsel for the parties and required to be decided in this writ petition is as to whether provision of condonation of delay provided under Section 5, Limitation Act 1963 is applicable to the appeals under Section 72 of Registration Act or not. Section 72 of Registration Act is quoted below: 72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution.- (1) Except where the refusal is made on the ground of denial of execution, an appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar is subordinate, if presented to such Registrar within thirty days from the date of the order; and the Registrar may reverse or alter such order. (2) If the order of the Registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in Sections 58, 59 and 60; and such registration shall take effect as if the document had been registered when it was first duly presented for registration.;