(1)When a document has been presented to a sub-registrar for registration within the period prescribed by Section 23 namely within four months from date of execution and the executant fails to appear to admit execution within that period the sub-registrar shall immediately after the expiry of said period record a formal refusal to register for being entered in Book-II leaving it to the parties to appeal to the Registrar under Section 72 within thirty days if they think proper Provided that the Sub-Registrar shall not record such an order of refusal if the person presenting the document or claiming under it has before the expiry of the said period initiated proceedings under Section-36 to procure the appearance of the executant or has taken steps under Section 38 for his examination.
