TMI Blog1987 (9) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... rs being the appellants Nos. 1 to 4 and their eldest brother, respondent No 1 was entered into regarding partition of joint movable and immovable properties and the same were referred to three arbitrators; namely, three appellants Nos. 5, 6 and 7 herein. On or about 2nd of July, 1977 the same agreement was re-written on a fresh stamp paper and the same was registered by which the abovenamed arbitrators were given the option to take assistance of one, two or more persons. The dispute related-to certain properties among the brothers in Chinsurah the district of Hooghly in the State of West Bengal. The three arbitrators took the assistance of appellant No. 8 and he functioned and acted as one of the arbitrators. On or about November 28, 197 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned Sub Judge holding that during the subsistence of the interim injunction order on the arbitrators to maintain status quo the arbitrators could not take back the award for presenting the same for registration. The High Court ordered that the arbitrators application dated 14th of August, 1978 should be kept pending and be heard when the injunction order was vacated. On 20th December, 1982 the learned Munsif, Arambagh dismissed Misc. Case No. 74 of 1977 and the interim injunction order ipso facto was discharged. The arbitrators therefore, renewed their prayer before the learned Sub Judge to return the award. On 25th of February 1983 the learned Sub Judge dismissed the arbitrators application and did not direct return of the award ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal. The limitation period for registration is four months from the date of its execution. The award was made on 28th of November, 1977 and it was presented for registration to the Sub-Registrar on 25th of November, 1983. Section 23 of the Registration Act, 1908 (hereinafter called the Registration Act ) stipulates that the time for registration is four months from the date of its execution. Section 25(1) of the Registration Act provides that if, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, is not presented for registration till after the expiration of the time hereinbefore prescribed, the Registrar, in cases where the delay in presentation does not exceed four months, m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om s Legal Maxims. 10th edition, 1939 at page 73 this maxim is explained that this maxim was founded upon justice and good sense; and afforded a safe and certain guide for the administration of the law. The above maxim should, however, be applied with caution. The other maxim is LEX NON COGIT AD lMPOSSIBILIA (Broom s Legal Maxims-P. 162)-The law does not compel a man to do that which he cannot possibly perform. The law itself and the administration of it, said Sir W. Scott, with reference to an alleged infraction of the revenue laws, must yield to that to which everything must bend, to necessity; the law, in its most positive and peremptory injunctions, is understood to disclaim, as it does in its general aphorisms, all intention of compe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this case and if that is the position then the award as we have noted before was presented before the Sub-Registrar, Arambagh on 25th November, 1983 the very next one day of getting possession of the award from the court. The Sub-Registrar pursuant to the order of the High Court on 24th of June,1985 found that the award was presented within time as the period during which the judicial proceedings were pending that is to say, from 28th of January, 1978 to 24th of November, 1983 should be excluded in view of the principle laid down in section 15 of the Limitation Act, 1963. The High Court, therefore, in our opinion, was wrong in holding that the only period which should be excluded was from 26th July, 1978 till 20th December, 1982. We are un ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
