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State of Andhra Pradesh - Section

Section 178 in Andhra Pradesh Rules Under the Registration Act, 1908

178.

In cases where the refusal order of a Sub-Registrar is based on the ground that the executant did not appear even after the expiry of the full time allowed:
(i)If the presentant had taken no steps to enforce the appearance of the executant, the latter cannot constructively be held to deny execution and the refusal order falls under sub-section(1) of Section 34 and the appeals under Section 72.
(ii)If, however, such steps have been taken and processes issued although abortively, the non-appearance is tantamount to denial of execution the refusal order falls under sub-section (3) of Section 35 and no appeal lies under Section 72, although an application may be made under Section 73.