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THE REGISTRATION ACT (Central Act No XVI OF 1908)
PART VII
Registration Act of Enforcing the Appearance of Executants
and Witnesses
36. Procedure where appearance of executant or witnesses is desired.
- If any person presenting any document for registration, or claiming under
any document which is capable of being so presented, desires the appearance
of any person whose presence or testimony is necessary for the registration
of such document, the registering officer may, in his discretion, call upon
such officer or Court as the State Government directs in this behalf, to issue
a summons requiring him to appear at the registration office, either in person
or by duly authorised agent, as in the summons may be mentioned, and at a time
named therein.
37. Officer or Court to issue and cause service of summons.
- The officer or Court, upon receipt of the peon's fee payable in such cases,
shall issue the summons accordingly, and cause it to be served upon the person
whose appearance is so required.
38. Persons exempt from appearance at registration office.
- (1) (a) A person who by reason of bodily infirmity is unable without risk
or serious inconvenience to appear at the registration office, or
(b) a person in jail under civil or criminal process, or
(c) persons exempt by law from personal appearance in Court,
and who would but for the provision next hereinafter contained be required to
appear in person at the registration office, shall not be required so to appear.
(2) In the case of every such person the registering officer
shall either himself go to the house of such person, or to the Jail in which
he is confined, and examine him or issue a commission for his examination.
39. Law as to summonses, commissions and witnesses. - Thelaw
in force for the time being as to summonses, commissions and compelling the
attendance of witnesses, and for their remuneration in suits before Civil Courts
shall, save as aforesaid and mutatis mutandis, apply to any summons or commission
issued and any person summoned to appear under the provisions of this Act.
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