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Full order THibE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).Nos.8091, 8093 & 9446 of 2020 W.P.(MD).No.8091 of 2020 M.Rajendran —learned Division Bench of this Court in S.K. Mahaboob Ali, Ex-CRPF Constable, Nandyal v. Director General of Police, Central Reserve Police Force, New Delhi, has held:” 20.As a single Judge, I am bound by the judgment of the Division Bench. Therefore, this Court does not find any requirement for referring the matter to a larger Bench in view of a clear statement of law consistently pronounced by two Division Benches. 21.In view of the settled law, the Sub Registrar cannot refuse to register any order or decree only on the ground that the same has been presented beyond the period of limitation provided under Section 23 of the Act. Hence, the Sub Registrar shall entertain the certified copy of the decree that is presented by the petitioners and shall register the same. 22.Insofar as the next issue regarding the registration fee that has to be levied, the law is no longer res-integra and this Court in the case of K.Krishnan referred supra has categorically held that the registration fees should be levied only on the total value of the suit and not on the value of the property. Therefore, the respondent cannot insist for the payment of the registration fees based on the value of the property. 23.In view of the above discussion, all these writ petitions are disposed of with a direction to the respondents to register the certified copy of the decree that is presented for registration by the petitioners and the registration fee shall be levied only on the total value of the suit. It is also made clear that no stamp duty is leviable while registering any order or decree. No costs.
by Sekar Reporter · Published June 30, 2021
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