(1)The expression "A person executing a document" shall be held to include;(a)any person who as a surety for the repayment of a loan or the fulfilment of a contact and in that capacity affixes his signature to a document;(b)any person who endorse a negotiable instrument;(c)any person who signs a receipt or a discharge endorsement on a document;(d)any person who signs a document as an executant in token of his assent to the transaction not merely as witness, even though he may not be described as an executant in the body of the document itself.(2)In the case of a document purporting to be executed by an attorney, or by the guardian of a minor, or by the legal curator of an idiot or lunatic, such attorney or guardian or curator shall be held to be a person executing the document for the purpose of Sections 32, 34, 35 and 58 of the Act, and for the purpose of Section 33, the principal of minor, idiot or lunatic as well as the attorney or guardian or curator shall be considered to be the person executing a document.Signature of illiterate personNote - (i) Execution means the signing of a document which includes the affixing of a mark.(ii)When a person, who cannot write, signs his name by means of a mark or by touching the pen, his name shall be recorded in full and the writer of the name shall also sign and. date his own signature in attestation that the mark was affixed or the pen touched in his presence.(iii)[ That the photographs, signature along with thumb impressions of the executant(s) to the endorsement of the admission of execution on the document shall be made through electronic device.] [Inserted vide Orissa Gazette Extraordinary No. 539 dated 17.4.2009]
