Lalit Mohan Sharma, S. Shamsul Hasan, JJ.

1. This appeal arises put of a suit filed by the plaintiff-respondent under Sec.77 of the Indian registration Act for a decree directing the District Sub-Registrar, dhanbad to register a sale-dead dated the 31st January, 1966, executed by the defendant in favour of the plaintiff. The document was executed by three persons, defendant and his two brothers, and was presented before the sub-Registrar for registration. The defendants brothers appeared and admitted the execution but so far the defendant is concerned he did not appear at all. Notice was issued on the defendant and ultimately on the 13th of June, 1966, the Sub Registrar refused to register the document. On the 1st of July, 1966, the plaintiff appealed under Sec.72 of the Indian Registration Act before the Deputy Commissioner, Dhanbad. The Deputy Commissioner held that the impugned order was by way not appealable and the remedy of the plaintiff was by way of an application under Sec.73. He refused to treat the appeal as an application and dismissed the appeal. This suit was thereafter filed by the plaintiff. Both the courts below have decreed the suit and the defendant has a