Section 77 of the Registration Act, 1908: Suit When Registrar Refuses Registration
Section 77 provides a civil remedy when a Registrar refuses to order registration of a document under Section 72 or Section 76. A person claiming under the document, or their representative, assign or agent, may bring a suit in the competent Civil Court within the statutory period.
Text of Section 77 - Suit in case of order of refusal by Registrar
(1) Where the Registrar refuses to order the document to be registered, under section 72 or section 76, any person claiming under such document, or his representative, assign or agent, may, within thirty days after the making of the order of refusal, institute in the Civil Court, within the local limits of whose original jurisdiction is situate the office in which the document is sought to be registered, a suit for a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree.
(2) The provisions contained in sub-sections (2) and (3) of section 75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this Act, the documents shall be receivable in evidence in such suit.
When can a suit under Section 77 be filed?
The remedy arises where the Registrar refuses to direct registration under Section 72 or makes a refusal order under Section 76. Section 72 deals with an appeal against a Sub-Registrar's refusal on grounds other than denial of execution. Sections 73 and 74 address applications and inquiries where execution is denied. Section 75 concerns an order directing registration and its consequences.
Who may institute the suit?
Section 77 expressly permits a person claiming under the document, or that person's representative, assign or agent, to institute the suit. The claimant must establish entitlement to the relief sought and comply with applicable rules governing representation and civil proceedings.
Limitation period: 30 days
The suit must be instituted within thirty days after the making of the Registrar's order of refusal. This is distinct from the further period for presenting the document after a decree. Because limitation can be decisive, the date of the refusal order and any legally applicable rules concerning computation or extension should be examined promptly.
Which Civil Court has jurisdiction?
The suit lies in the Civil Court within whose local limits of original jurisdiction the registration office, where the document was sought to be registered, is situated. The statutory test focuses on the location of that office rather than simply the residence of the parties.
What happens after a decree?
If the Court directs registration, the document must be duly presented for registration within thirty days after the decree to obtain the benefit of the direction under Section 77(1). Under Section 77(2), the provisions of Section 75(2) and (3) apply mutatis mutandis, meaning with necessary changes to fit registration under a court decree. These provisions address compliance with the order, registration procedure and the effect of registration.
Can the disputed document be used as evidence?
Yes. Section 77(2) specifically provides that, notwithstanding other provisions of the Registration Act, the document is receivable in evidence in the Section 77 suit. This permission is for the suit contemplated by Section 77; it should not be treated as a general exemption from compulsory registration or other evidentiary requirements.
Practical steps after a Registrar's refusal
- Obtain the written refusal order and recorded reasons under Section 76.
- Identify the registration office and the Civil Court with the required territorial jurisdiction.
- Check the thirty-day period running from the refusal order.
- Prepare the plaint with the document, presentation details, Registrar's decision and grounds challenging the refusal.
- If a decree is granted, present the document within thirty days after the decree and follow the prescribed registration formalities.
Official legal resources
For the authoritative statutory text and applicable amendments, consult India Code (Government of India) and the relevant State Registration Department's published rules and notifications. See also the Registration Act, 1908 overview.