Cancellation of record at suit of person injuriously affected

(1) Any person injuriously affected by any document recorded under this Part may bring an action in the Supreme Court claiming to have the record of such document cancelled. (2) In every such action the burden of proof that such document was rightly recorded shall lie upon the defendant, but every affidavit, declaration, oath and acknowledgment made in accordance with this Part and recorded with such document and the record or a copy certified by the Registrar to be correct of such affidavit, declaration, oath or acknowledgment shall be (a) in proof that the person by whom such affidavit, declaration, oath or acknowledgment was made is dead; and (b) in every other case in which the Court under special circumstances thinks fit. (3) The court shall adjudge whether such record shall be cancelled or not. 51 (4) If the court orders any such record to be cancelled, the Registrar shall cancel it accordingly and shall on or by the side of such record write the name and number of the suit in which such order was made and the date of such order.