New plea — Pure question of law can be raised at any time — Civil Procedure Code section 96.

The plaintiff had filed a
suit for declaration that the sale deed executed in favour of the defendant No.
1 was void. The plaintiff had also prayed that the agreement of sale and the
power of attorney executed were null and void. The suit was dismissed. In appeal
before the Court, the appellant plaintiff contented that the registration of
sale deed is void, since the power of attorney itself was not registered as
contemplated by section 32 and section 33 of the Registration Act, 1908. The ld.
counsel for the respondent objected to such a plea being considered on two
counts. First, that such a plea is not raised in the Trial Court and second; had
such plea been raised in the Trial Court, the respondent would have shown that
his case falls in the proviso to section 33.

The Court held that the
first ground needs to be rejected because this was purely a question of law and
could be raised at any time and in any case. As far as the second ground is
concerned, such exemption is granted to a person executing power of attorney and
not to the person in whose favour it is executed. The plaintiff never claimed
such an exemption and was a fit person. Thus the person authorised must hold
registered power of attorney and if he does not hold registered power of
attorney, the registration at his instance is void. The registration of the sale
deed is, therefore, void.