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Judgment
Nisar Ahmad Kakru, J.—The facts material for disposal of this writ petition may be noticed. Refusal to register two sale deeds because of
non-appearance of the executants became subject matter of appeals before the Registrar which came to be dismissed for default of appearance by
order dated 15-02-2003, consequently, applications for restoration of appeals. The said applications were allowed by the Registrar and appeals
restored by order dated 16-03-2003 which is assailed by medium of this writ petition on several grounds which need not be addressed to, for,
same have been given up by the learned Counsel for the petitioners excepting the ground that in absence of power to restore the appeals dismissed
for default of appearance, the order is without jurisdiction.
In the aforementioned factual matrix, a short but an important question arises which may be summarized:
Whether Registrar has the power to restore appeal dismissed due to non appearance of the appellant.
To have the answer in affirmative to the question of law so formulated, reliance is placed by learned Counsel for the petitioners on a judicial
decision of this Court in Shri Madan Lal v. Dina Nath Dhar and Ors. AIR 1972 J&K 15 but judgment is distinguishable and is of no help to the
contention, for, that was held maintainable in view of attending circumstances thereof. More so, the question of power of Registrar to restore the
appeal/application, dismissed for default of appearance, was not deliberated upon by the Bench, rightly so because that was not the issue in the lis.
Regarding power of restoration, undoubtedly the Registration Act does not contain any provision empowering the Registrar to restore an
appeal/application dismissed in default and absence of provision thereto attracts application of Section 21 of the General Clauses Act 1977 which
is reproduced hereunder:
Power to make, to include power to add to, amend, vary or rescind, orders, rules or bye-Laws. -- Where, by any Act or Regulation, a power
to issue notifications, orders, rules or bye-laws is conferred then that power includes a power, exercisable in the like manner and subject to the like
sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued.
On a plain reading of the aforementioned provision of law, it is very clear that an authority invested with the power to pass an order has also
power to undo it. Situated thus, I hold that the Registrar has no way erred. In the result, this writ petition fails. It is dismissed along with CMPs
without any order as to costs. Interim direction, if any, shall stand vacated. Record to be remitted forthwith.