42. Procedure on failure of the executant to appear, after payment of fine under Section 25 within eight months from execution of document.
(1)A document in respect of which time for acceptance is extended under Section 25, should be refused registration immediately after the expiration of the period of eight months from the date of its execution if the executing parties fail to appear within the said period to admit execution thereof before the Sub-Registrar. In such a case, an appeal lies to the Registrar under Section 72 :Provided that no such document, shall be refused to registration if its presentant has, before the expiration of the said extended period, initiated proceeding under Section 36 to procure the appearance of the executant. The Sub-Registrar should wait till the disposal of such proceedings but not beyond a period of twelve months from the date of execution.(2)In the case of an appeal mentioned in Sub-rule (1) no direction for the registration of the document can be issued by a Registrar unless, it is shown on the appearance of the executant before him that the executant's non-appearance before the Sub-Registrar, within the period extended under Section 25 was due to urgent necessity or unavoidable accident. When the Registrar issues such a direction; a fine shall be imposed as provided in the proviso to Section 34, Sub-section (1) in addition to the fine already imposed under Section 25, Sub-section (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 upon to submit an application addressed to the Registrar for a direction under the proviso to Sub-section (1) of Section 34, explaining the cause for the delay in his appearance. When such an application is received the Sub-Registrar submit it to the Registrar with his remarks, if any, and await orders.(b)The Registrar, if satisfied with the cause shown for the delay in appearance of the executant, may pass an order directing the Sub-Registrar to register the document, on payment of the fine as provided in Section 34, Sub-section (1) in addition to the fine already imposed under Section 25, Sub-section (1) and the Sub-Registrar shall, on receipt of such order admit the document to registration with the endorsement prescribed in Rule 41 (3)(b).(c)If the Registrar is unable to accept the cause shown for the delay he shall direct the Sub-Registrar to refuse to register the document.(d)If the executant refuses or fails to show cause for the delay, the Sub-Registrar shall refuse to register the document.(e)The refusal contemplated by Clauses (c) and (d) should be based on the ground of non-appearance of the executant within the prescribed period under Section 34(1).Interpretation of the law relating to the delay in presentation of documents for registration and in appearance of executants -Note (a) - Law requires that both the presentation for registration and appearance of the executant shall take place within four months from the date of execution. But, in order to avoid hardship in certain cases, it also provides that a further period of four months shall be allowed, subject to a fine (1) when a document cannot be presented within the first four months owing to urgent necessity or unavoidable accident (Section 25) and (2) when after the document has been presented the executant owing also or urgent necessity or unavoidable accident cannot appear or cannot be made to appear to admit execution (Section 34, proviso). In cases of urgent necessity or unavoidable accident, therefore, a delay of four months after due time is allowed for presentation under Section 25 and a similar delay for appearance under Section 34 and both periods may be allowed for the same document if an urgent necessity or an unavoidable accident accrues to prevent both the presentation of the document and the appearance of the executant in the due time. The two periods are quite distinct and are given for different purposes and at different stages in the process of registration.(b)the time during which an impounded document remains with the Collector for adjudication of stamp duty cannot be excluded in calculating the period of four months under Section 23 or 24 of the Registration Act.
