MADAN LAL Vs. DINA NATH DHAR

JUDGEMENT

(1.) IN this suit the following preliminary issue has been raised: - "Is the suit of the plaintiff not maintainable under section 77 of the Registration Act -

(2.) I have heard the learned counsel for the parties.

(3.) IT is argued on behalf of the defendants that the suit of the plaintiff under section 77 of the Registration Act is not maintainable inasmuch as there was no order of refusal recorded by the Registrar in the appeal filed against the order of the Sub Registrar refusing to register the document. It is submitted that an order of dismissal of an appeal for default of parties does not amount to refusal within the meaning of Section 72 of the Registration Act, and therefore no suit under section 77 of the Registration Act can lie.