Reading these sections together it is clear that the only person, who can present a document for registration or institute a suit is the person claiming under the document, and the only person who is entitled to deny the execution is the person who is purported to be the executant of it. The scope of Section 77 of the Registration Act is limited only to the enquiry as to whether the document has been executed by the person alleged to have executed it. In the case of Dwijendra Narain Roy v. Jogish Chandra Dey it was observed at page 47 "it may be conceded that in a suit instituted under Section 77, the Court is concerned not with the validity but with the genuineness of the document sought to be registered, i.e., whether the document has been executed by the person by whom it is alleged to have been executed; the question of its validity must be determined in a suit) properly framed for the purpose." The case cited in the above case shows that even a defence as to the executing power of the alleged executant or the document being one void for want of consideration; fraud or undue influence is foreign to a suit under Section 77
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Calcutta High Court
Baikuntha Kumar Shil vs Sarat Chandra Nath And Ors. on 23 February, 1925
Equivalent citations: AIR 1925 Cal 1257
