41. Procedure on failure of the executant to appear within four months from execution of document (1).
- When a document has been presented to a Sub-Registrar for registration within the period prescribed by Section 23, and the executant fails to appear to admit execution within that period the Sub-Registrar shall immediately after the expiration of the said period, record a formal refusal to register, leaving it to the parties to appeal to the Registrar under Section 72 :Provided that the Sub-Registrar shall not record such an order if the presentant has, before the expiration of the said period, initiated proceeding under Section 36 to procure the appearance of executant. He should wait till the disposal of such proceedings but not beyond eight months from the date of execution.(2)In the case of an appeal referred to in Sub-rule (1), the Registrar, if satisfied on the appearance of the executant before him that the executant's non-appearance before the Sub-Registrar within the period prescribed by Section 23 was due to urgent necessity or unavoidable accident, may pass an order directing the Sub-Registrar to register the document on payment of fines as provided in the proviso to Section 34(1).(3)(a)If the executant appears on the service of the summons referred to in the proviso to Sub-rule (1) and admits execution, his admission shall be recorded on payment of the requisite fine and he shall be called up on to submit an application addressed to the Registrar for a direction under the proviso to Sub-section (1) of Section 34, explaining the cause of the delay in his appearance. When such an application is received, the Sub-Registrar, shall submit it to the Registrar with his remarks, if any, and await orders.(b)If on the receipt of the application the Registrar is satisfied with the cause shown for the delay he may pass an order directing the Sub-Registrar to register the document. The Sub-Registrar on receipt of such direction should admit the document to registration with the following endorsement added thereon."Admitted to registration as per Registrar's order No..................dated.......... issued under the proviso to Section 34 'Sub-section (1)'.(c)When, however, the Registrar is unable to accept the cause for delay he shall direct to the Sub-Registrar to refuse to register the document.(d)If the executant refuses or fails to show cause for the delay in his appearance, the Sub-Registrar shall refuse to register the document.(e)The Sub-Registrar, on receipt of Registrar's Order under Clause (c) or on deciding to refuse registration under Clause (d), shall record an order of refusal under Section 34, Sub-section (1) for non-appearance of the executant within the period of four months from the date of execution.
