9911796707
TMI Blog1967 (7) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt for registration and it was registered on July 4 1961. The opponent, award holder applied for the execution of the award to the Court on January 21, 1964. The judgment-debtors contended that the execution was barred because the execution was sought beyond a period of three years of the making of the award and Art. 182 of the Limitation Act, 1908, barred the application. Both the Courts below have rejected this contention. (2) The learned trial Judge held that as it is the duty of the Court to register the award and it was registered only on July 4, 1961 and in the absence of registration it was not executable, the application filed within three years from the date of the registration was within time. The learned Judges held that the n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst an award or if an appeal is filed after the disposal of the appeal, the Registrar or Sub-Registrar shall register the award. No material was placed on record of the trial Court and of the lower appellate to disclose the reason why the registration took such a long time. There may, however, be some reasons or the other why the award came to be registered only as late as July 4, 1961. (4) Apparently, it appears that it is only a registered award that can be executed by the Court inasmuch as the provisions of the Registration Act are made applicable. Section 38 (3) provides how an award is to be executed Sub-section (3) (i) enables the creditor to make an application in the prescribed form for execution of the award, after the debtor m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is also clear that what is sought to be executed is not a decree or an order as understood by Art. 182, and decrees as are made by a Civil Court either under the Civil Procedure Code or are deemed to be decrees by virtue of some provision and requiring their execution as decrees. All throughout the Act, the final said Act is termed an award and for obvious reason. The debt Court does not decide a dispute between two private parties who are litigating a private right. The purpose of the H. A. D. R. Act was a far larger one and that was to relieve the agriculturists of their indebtedness who satisfied the conditions of the Act. In order to do that, all the debts of such agriculturists had to be settled and therefore in such an application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Every order passed by ................................. the Registrar or his nominees ................. under Section 54 ........................... shall if not carried out (a) on a certificate signed by the Registrar or a liquidator, be deemed to be a decree of a Civil Court and shall be executed in the same manner as a decree of such Court: ...................................". The Section leaves no doubt as to what was intended by this enactment. A deeming provision creates a fiction and lays down an award is really not a decree as understood under the Civil Procedure Code and in ordinary law. It provides that it shall be deemed to be a decree. Once this deeming provision applies for all purposes the award becomes a decree and the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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