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2008 DIGILAW 373 (CAL)

W. B. Deed Writers Association v. District Registrar Nadia

2008-04-07

PRANAB KUMAR CHATTOPADHYAY, TAPAN MUKHERJEE

body2008
JUDGMENT :- This appeal has been preferred at the instance of writ petitioner assailing the judgment and order dated 31st August, 2006 passed by the learned Single Judge in W.P. 2376(W) of 2005 whereby and whereunder the said learned Single Judge finally disposed of the writ petition. 2. West Bengal Deed Writers' Association, Nadia District Branch filed the writ petition for taking necessary steps by the respondents-authorities so that the law clerks are not allowed to enter into the registration office or its compound to do any act or thing in connection with the registration of any document before the Registrar or Sub-Registrar. Mr. Bose, learned Senior Counsel, appearing on behalf of the appellant/writ petitioner submits that apart from the licensed deed writers and advocate/solicitor, no one else can enter into the registration office for the purpose of presentation of any document. 3. Mr. Bose, learned Senior Counsel of the appellant referred to and relied upon various provisions of the West Bengal Registration (Deed Writers) Rules, 1999 and also the West Bengal Law Clerks Act, 1997 as amended in 2006 in support of his aforesaid arguments advanced on behalf of the appellant herein. 4. Provisions of Rule 4 of the West Bengal Registration (Deed Writers) Rules, 1999, as referred by Mr. Bose, prohibits unlicensed person from engaging himself in the profession of a Deed Writer. The said Rule 4 of the West Bengal Registration (Deed Writers) Rules, 1999 is set out hereunder : "4. Prohibition of unlicensed persons. - No person who is not a licensed Deed Writer under these rules shall engage himself in the profession of a Deed Writer : Provided that an advocate or pleader practicing before any Court in the State, or a solicitor, need not obtain a licence under these rules." 5. The various provisions of the aforesaid Rules, 1999 only authorised the deed writers' to prepare the documents only upon obtaining licence under the aforesaid Rules. 6. The Deed Writer has been specifically defined under Rule 2(b) of the aforesaid Rules, 1999 which is reproduced below : "2(b) "Deed Writer" means a person who is engaged in the profession of preparing documents, namely, doing the work of conveyancing, including investigation of title, preparation of draft deeds and engrossing the deed on stamp paper for registration and holds a licence under these rules." 7. While assailing the judgment and order passed by the learned single Judge, Mr. Bose submits that the law clerk cannot be authorised to present any document before the concerned Registrar/Sub-Registrar for registration. There is no dispute that the licensed clerk of an advocate can write out deed or any document for registration provided the same is drafted by an advocate. The advocate or a solicitor can prepare the draft deed or document for registration and the licensed law clerk can write out the said deed or document prepared by his employer-advocate in order to assist the said learned advocate/solicitor in relation to his professional work. 8. This Hon'ble Court in the case of Coach Bihar Dist. Deed Writers' Association and Ann v. Dist. Registrar, Coach Bihar and others, reported in 1995 (1) CLJ 208 : ( AIR 1995 Cal 372 ) discussed the role of a deed writer and advocate's clerk and held that the licensed clerk of an advocate can write out deed for registration if he is required to do so by his master advocate in respect of a deed drafted by such advocate. The relevant portion of the aforesaid judgment is set out hereunder : "5 ................................. It is, therefore, clear that licensed clerk of an advocate can assist the advocate in the matter of his professional work by performing ministerial and clerical parts of the work of his employer. He can, therefore, write out document which may be required to be prepared by his employer-advocate in course of or in connection with his professional work as an advocate, if he is so required by his employer-advocate to do under his guidance for the purpose of assisting him in his professional work. The survey of the relevant provisions of the Rules as made above leaves no doubt that the licensed clerk of an advocate is entitled to write out document which is required or undertaken to be prepared by his employer advocate in connection with or in course of his professional work as an advocate and which he directs or requires his licensed clerk to do under his guidance for assisting him in his professional work as advocate. If that be so, the necessary corollary is that the licensed clerk of an advocate can also write out deed for registration, if he is required to do so by his master advocate in respect of a deed drafted by such advocate for assisting him in his professional work, and there is no doubt that preparation of deed falls within the domain of the professional work of an advocate if such an assignment is received by him in connection with his profession." 9. Mr. Bose, learned Senior Counsel representing the appellant urged before this Court that a law clerk can write out any document drafted by his master advocate but the same cannot be presented for registration by the said law clerk before the Registrar/Sub-Registrar. 10. Section 32 of the Registration Act, 1908 specifically mentions the persons competent to present documents for registration. 11. The said Section 32 of the Registration Act, 1908 is set out hereunder : "32. Persons to present documents for registration. - Except in the cases mentioned in sections 31, 88 and 89, every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration office, - (a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or (b) by the representative or assign of such person, or (c) by the agent of such person, representative or assign, duly authorized by power-of-attorney executed and authenticated in manner hereinafter mentioned," 12. In view of the aforesaid provisions of the Registration Act, 1908, the law clerks are not authorised to present any document for registration before the concerned Registrar/Sub-Registrar but a law clerk is very much entitled to write out any document drafted by his master advocate. The law clerk can also accompany his master advocate or the party before the Registrar/Sub-Registrar concerned for presentation of the document but formal presentation of the document before the Registrar/Sub-Registrar cannot be done by the law clerk. The documents can be presented for registration before the Registrar/Sub-Registrar concerned only by the persons mentioned under Section 32 of the Registration Act, 1908. 13. The documents can be presented for registration before the Registrar/Sub-Registrar concerned only by the persons mentioned under Section 32 of the Registration Act, 1908. 13. In view of Section 32 of the Registration Act, 1908, the law clerk cannot present any deed or document before the Registrar/ Sub-Registrar for registration but the said law clerk cannot be prevented from entering into the office of the concerned Registrar/Sub-Registrar under any circumstances as the law clerk is required to assist his master advocate in connection with registration of document and for the identical reason, law clerk can also remain present before the Registrar/Sub-Registrar concerned at the time of registration of any document being accompanied by his master advocate or the party concerned on whose behalf deed or document has been prepared for registration. 14. It may be also on record that the learned advocate representing the law clerks also does not claim any right in favour of the said law clerks for presenting any document or deed before the concerned Registrar/Sub-Registrar for registration. 15. For the reasons mentioned hereinbefore, we modify the order under appeal by restraining the law clerks from presenting any document before the Registrar/Sub-Registrar concerned for registration, although we make it clear that law clerks will be entitled to write out any deed or document drafted by his employer-advocate and the said law clerks will be entitled to enter into the registration office pursuant to the direction of his master advocate and can also remain present before the concerned Registrar/Sub-Registrar at the time of presentation of any document/deed for registration being accompanied by his master advocate or by the party concerned on whose behalf the said document/deed has been prepared. 16. With the aforesaid directions and also in modifications of the order under appeal passed by the learned Single Judge, this appeal stands disposed of. 17. In view of the aforesaid order of disposal of the appeal, no further order is required to be passed in the application for stay, being CAN 1137 of 2007, and the same is also disposed of accordingly. 18. In the facts of the present case, there will be, however, no order as to costs. Appeal allowed.