Civil Appeal No 2224 of 1987
From the Judgment and order dated 1961986 of the Calcutta High Court in Civil order No 2278 of 1985
SN Kacker and Sukumar Ghosh for the Appellants
AK Sen DN Mukherji Ranjan Choudhary NR Choudhary for the Respondents
The Judgment of the Court was delivered by 121 SABYASACHI MUKHARJI J
Special leave granted
This appeal is directed against the judgment and order of the High Court of Calcutta dated 19th of June 1986 in Civil order No 2278 of 1985
On or about 11th of June 1977 an unregistered deed of agreement between the four brothers 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 1977 the arbitrators explained their award to the parties and made and signed the award
On or about 1st December 1977 the eldest brother filed an application under section l l of the hereinafter called the Act  before the learned Munsif Arambagh being Misc
Case No 74 of 1977
The appellants Nos
I to 4 filed an application under section 14 of the Act before the learned Sub Judge Hooghly at Chinsurah praying for a direction on the arbitrator to file the award in the court in Misc
Case No 28 of 1977
The arbitrators filed the award before the learned Sub Judge Hooghly at Chinsurah on 28th of January 1978
On 26th of July 1978 the learned Munsif Arambagh ordered interim injunction on the parties including the arbitrators to maintain status quo till the disposal of Misc
Case No 74 of 1977 initiated by the appellant No l On 14th of August 1978 the arbitrators made an application before the learned Sub Judge Hooghly at Chinsurah to return back the award to enable them to present the same before the Sub Registrar for registration
On 2nd September 1978 the learned Sub Judge fixed the hearing of the arbitrators  application to return the award to them
In January 1980 the arbitrators  application was heard and the learned Sub Judge ordered return of the award to the arbitrators to enable them to present the same for registration
The High Court of Calcutta in Civil Rule No 621 of 1980 on 6th March 1981 set aside the aforesaid order of the 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 122 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 holding that the limitation for the registration of the award had already expired
The High Court in Civil order No 589 of 1983 on 19th of September 1983 directed the learned Sub Judge to return back the award to the arbitrators holding that it was the Registrar and not the Sub Judge who could determine the question of limitation for the purpose of registration of the award
The learned Sub Judge
Hooghly at Chinsurah on 23rd of November 1983 ordered returning back of the award to the arbitrators
On 24th of November 1983 the arbitrators got back the award from the court
On 25th November 1983 ie the very next day the arbitrators presented the award before the Sub Registrar Arambagh for registration
The Sub Registrar Arambagh on 25th of November 1983 registered the award
The High Court in Civil order No 9696W of 1984 on 24th July 1984 had sent back the award to the Sub Registrar to reconsider the question of limitation and found that the award was presented within time as the period during which the judicial proceedings were pending namely 28th of January 1978 to 24th of November 1983 should be excluded in view of the principle laid down under section 15 of the 
On 19th June 1986 by the judgment and order impugned the High Court quashed the registration under Article 227 of the Constitution holding that the award had been presented for registration beyond time
It is the validity and propriety of that order which is under challenge in this 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 hereinafter called the  stipulates that the time for registration is four months from the date of its execution
Section 251 of the 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 may direct that on pay 123 ment of a fine not exceeding ten times the amount of the proper registration fee such document shall be accepted for registration
Sub section 2 of section 25 provides that any application for such direction may be lodged with a Sub Registrar who shall forward the same to the Registrar
Therefore the cumulative effect of sections 23 and 25 read together is that total period of eight months is available for registration if the conditions are fulfilled
The High Court had held that in this case the award has been registered after six years and as such was beyond time
It was held before the High Court that no registration was permissible beyond the period fixed under section 25 read with section 23 of the and any registration beyond such period would be void
But in this case admittedly the award was in the court of the learned Munsif from 28th of January 1978 to 24th of November 1983
Therefore this period that is to say from 28th January 1978 to 24th November 1983 the award was in court and this was manifest from the order in Misc
Case No 28 of 1977
The arbitrators had made an application on or about 14th August 1974 for return of the award but that was not done
Furthermore there was an injunction on 26th July 1978 which was only vacated on 20th December 1982
We have to bear in mind two maxims of equity which are well settled namely ACTUS CURIAE NEMINEM GRAVABIT An act of the Court shall prejudice no man
In Broom 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 compelling impossibilities and the administration of laws must adopt that general exception in the consideration of all particular cases
In this case indisputably during the period from 26th of July 1978 to 20th December 1982 there was subsisting injunction preventing the arbitrators from taking any steps
Furthermore as noted before the award was in the custody of the court that is to say 28th of January 1978 till the return of the award to the arbitrators on 24th of 124 November 1983 the arbitrators or the parties could not have presented the award for its registration during that time
The award as we have noted before was made on 28th of November 1977 and before the expiry of the four months from 28th November 1977 the award was filed in the court pursuant to the order of the court
It was argued that the order made by the court directing the arbitrators to keep the award in the custody of the court was wrong and without jurisdiction but no arbitrator could be compelled to disobey the order of the court and if in compliance or obedience with court of doubtful jurisdiction he could not take back the award from the custody of the court to take any further steps for its registration then it cannot be said that he has failed to get the award registered as the law required
The aforesaid two legal maxims the law does not compel a man to do that which he cannot possibly perform and an act of the Court shall prejudice no man would apply with full vigour in the facts of 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 June1985 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 
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 unable to accept this position
26th July 1978 was the date of the order of the learned Munsif directing maintenance of status quo and 20th of December 1982 was the date when the interim injunction was vacated but still the award was in the custody of the court and there is ample evidence as it would appear from the narration of events hereinbefore made that the arbitrators had tried to obtain the custody of the award which the court declined to give to them
The principles enunciated by this Court in Nityananda M Joshi and others vs Life Insurance Corporation of India and others  would have no application to the facts of this case
It was urged before us that an award affecting the immovable properties which was not registered and which was made outside the court could not form the basis of an award and an unregistered award in other words could not form the basis of the award
We are unable to accept that position
There is no dispute to the proposition that an award affecting immovable properties as in the instant case should be 125 registered
It is therefore not necessary to discuss in detail the ratio of A the decision of the Full Bench of the Andhra Pradesh High Court in M Venkataratnam vs M Chelamayya AIR 1967 Andhra Pradesh In the aforesaid view of the matter the judgment and order of the High Court cannot be sustained and are set aside
The appeal is allowed and the order of the Sub Registrar Arambagh dated 24th of June 1985 is restored
In the facts and circumstances of the case however the parties are directed to pay and bear their own costs
NPV Appeal allowed


Summary:
An agreement was entered into by appellants Nos 1 to 4 and respondent No 1 regarding partition of joint movable and immovable properties
A dispute arose relating to certain properties which was referred to arbitration
The arbitrators made their award on November 28 1977 which was filed by them before the Sub Judge on January 28 1978 pursuant to the application made by appellants Nos 1 to 4 under section 14 of the Act
On December 1 1977 respondent No I had filed an application under section 11 of the  before the Munsif who passed an injunction order on July 26 1978 for maintaining status quo till the disposal of the said application
On the application made by the arbitrators on 14th August 1978 the Sub Judge ordered on September 2 1978 the returning back of the award to the arbitrators to enable them to present the same for registration before the Sub Registrar
The High Court in appeal set aside the above order holding that during the subsistence of the interim injunction to maintain status quo the arbitrators could not take back the award for presenting it for registration
and ordered that the arbitrators  application be kept pending and 119 heard when the injunction order was vacated
On December 20 1982 the Munsif dismissed the case of the respondent No 1 and that interim injunction ipso facto was discharged
Thereafter the Subordinate Judge dismissed the application of the arbitrators for returning of the award holding that limitation for registration of the award had already expired
The High Court in appeal directed the Subordinate Judge to return back the award holding that it was the Registrar and not the Sub Judge who could determine the question of limitation for the purpose of registration of the award
On November 24 1983 the arbitrators got back the award and the next day presented it before the Sub Registrar and the award was registered the same day
The High Court on a petition by respondent No 1 challenging the registration sent back the award to the Sub Registrar to re consider the question of limitation
The Sub Registrar found that the award was presented within time as the period during which the judicial proceedings were pending namely 28th January 1978 to 24th November 1983 should be excluded in view of section 15 of the 
Against the aforesaid decision respondent No 1 filed an application before the High Court which by the impugned order quashed the registration and held that the award had been presented for registration beyond time
In the appeal by special leave the validity and propriety of the aforesaid order was challenged
Allowing the appeal by special leave this Court  HELD Under the  the limitation period for registration is four months from the date of execution and in cases where the delay in presentation does not exceed four months such document could be accepted for registration on payment of fine
The cumulative effect of sections 23 and 25 read together is that a total period of eight months is available for registration if the conditions requisite are fulfilled
122G 123A B G In the instant case the award was made on November 28 1977 and before the expiry of four months it was filed in the court pursuant to the order of the court
During the period from July 26 1978 to December 20 1982 there was subsisting injunction preventing the arbitrators from taking any steps
Furthermore as the award was in H 120 the custody of the court from January 28 1978 till the return of the award to the arbitrators on November 24 1983 the arbitrators or the parties could not have presented the award for its registration during that time
The award was presented before the Sub Registrar on November 25 1983 the very next day of getting possession of the award from the court
The Sub Registrar pursuant to the order of the High Court found that the award was presented within time as the period during which judicial proceedings were pending from January 28 1978 to November 24 1983 should be excluded in view of the principle laid down in section 15 of the Act
123G H 124AD E The High Court was therefore wrong in holding that the only period which should be excluded was from 26th January 1978 the date of the order of the Munsif directing maintenance of status quo till 20th December 1982 the date when the interim injunction was vacated
The award was still in the custody of the court and there was ample evidence that the Arbitrators had tried to obtain the custody of the award which the court declined to give to them
124E G The two legal maxims LEX NON COGIT AU IMPOSSIBILIA and ACTUS CURIAE NEMINEM GRAVABIT the law does not compel a man to do that which he cannot possibly perform and an act of the Court shall prejudice no man would apply with full vigour in the facts of this case
124C Nityananda M Joshi and others vs Life Insurance Corporation of India and others 1970 I SCR 396 distinguished
M Venkataratnam vs M Chelamayya AIR 1967 Andhra Pradesh 257 referred to