Biswanath Rath, J.
1. This Civil Misc. Petition involves a challenge to the direction part of the trial court in disposal of a suit in terms of compromise thereby directing the decree to be registered before the competent authority on the Bench Mark Valuation. Sri Mohapatra, learned Counsel for the petitioner referring to Section 18 of the Registration Act, 1908'' dealing with the table of fees in respect of registration of different instruments, submitted that since the instrument to be presented for the purpose of registration for a decree involving a Civil Court following the provision under Section 18 of the Registration Act, 1908, the petitioner is required to pay court-fee and under the circumstances, challenged that part of the order directing the petitioner to get it registered on payment of stamp dependent on the Bench Mark Valuation is illegal.
2. Sri Mohanty, learned Counsel for the opposite party, though did not dispute the provision contained in the Registration Act but submitted that since the compromised document needs to be registered, proper stamp should be paid.
3. Considering the rival contentions of the parties and looking to the provisions contained in Section 18 of the Registration Act, 1908 clearly making payment of Rs. 50/- as fixed fee in the matter of registration of certified copy of a decree or an order of a Court, this Court finds, the direction contained in the impugned order, particularly registering the decree before the competent authority on Bench Mark Valuation appears to be wrong and contrary to the provision under Section 18 of the Registration Act.
4. Under the circumstance, interfering with that part of the impugned order asking the registration of the instrument (decree of Civil Court) on the Bench Mark Valuation, this Court modifies the impugned order and directs that the decree will be registered by the competent authority on payment of fixed fees. The Civil Misc. Petition stands allowed. No cost.
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