(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 of 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 document shall be receivable in evidence in such suit.
Legal Commentary & Landmark Judgments: Section 77
Section 77 of the Registration Act, 1908 provides a statutory civil suit remedy enabling an aggrieved party to obtain a judicial decree directing registration where the Registrar has refused to order registration.
Section 77 provides a statutory civil suit remedy, enabling aggrieved parties to seek a judicial decree directing registration following an administrative refusal.
Section 77 has a strict 30-day limitation window running from the date of the Registrar's refusal order. The plaintiff must confine the prayer to a direction for registration under Section 77. If the vendor disputes title or contractual validity, the proper course is a comprehensive suit for specific performance, which is not barred by Section 77.