Act (Central Act No XVI OF 1908)
Registration Act of Enforcing the Appearance of Executants and
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.