THAKUR PRASAD MARWARI Vs. CHAMAN RAM MARWARI

JUDGEMENT

(1.) The suit out of which this appeal arises was instituted under Section 77, Registration Act, praying for an order for the registration of two documents which had been executed by the defendants. The suit has been decreed, and the defendants appeal has been dismissed by the District Judge of the Santal Parganas. It appears that the plaintiffs immediately after execution of the document applied for registration; but they could not secure the attendance of the defendants to admit execution. On the last day on which such an application could be made under Section 34, Registration Act, the plaintiffs applied for extension of time in order to secure the attendance of the defendants and prayed also for issue of process to compel their attendance.

(2.) The application was referred to the District Registrar who granted it after imposing a fine; but it appears that the notice which should have been served in the form of a summons under the Civil P. C. was issued as a mere notice from the office of the Sub-Registrar. The defendants did not appear, and on the expiry of the second period of four months, the Sub-Registrar refused registration. The plaintiffs appealed to the District Registrar who dismissed their appeal, whereupon they instituted a suit under Section 77, Registration Act.

(3.) Dr. P.K. Ben on behalf of the appellants suggests that the plaintiffs could not properly prosecute a suit under Section 77 of the Act because in the first place the original order extending time was not legal; and in the second place, the refusal to register could not be properly regarded as in accordance with law, because the Sub-Registrar had not observed the proper procedure in the issue of process on the defendants.