43. Wilful refusal or neglect to appear and admit execution.
- A Registering Officer shall record his refusal to register the document under Section 35 as soon as he is satisfied that the summons has been served according to law and the executant has refused or neglected to appear on the appointed date.Note - Where an executant of a document does not appear to admit execution, notwithstanding issues of process against him, the Registering Officer shall decide for himself whether registration shall be refused on the ground of wilful non-appearance, tantamount to denial of execution and in coming to a decision on this point, he may admit the testimony of the claimant or of his representative or agent that the executant is wilfully keeping out of the way.
