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Registration Act, 1908 | Part VII

Sections 36 and 37 of the Registration Act, 1908: Appearance of Executants and Witnesses and Service of Summons

Part VII of the Registration Act, 1908 deals with enforcing the appearance of executants and witnesses during registration. Section 36 enables the registering officer to seek a summons for a person whose presence or testimony is necessary, while Section 37 prescribes the issue and service of that summons.

Section 36: Procedure where appearance of executant or witness is desired

If any person presenting any document for registration or claiming under any document, which is capable of being so presented, desires the appearance of any person whose presence or testimony is necessary for the registration of such document, the registering officer may, in his discretion, call upon such Officer or Court as the State Government directs in this behalf to issue a summons requiring him to appear at the registration office, either in person or by duly authorised agent, as in the summons may be mentioned, and at a time named therein.

Meaning and scope of Section 36

The provision applies where a person presenting a document, or a person claiming under a document capable of presentation, needs an executant or witness to appear in connection with registration. An executant is a person who executes or signs the instrument; a witness is a person whose testimony may be needed in the registration enquiry.

The registering officer has discretion to request the designated officer or court to issue a summons. Section 36 does not itself authorise the registering officer to compel attendance directly. The summons specifies the time and whether appearance must be personal or may be through a duly authorised agent.

Section 37: Officer or Court to issue and cause service of summons

The officer or Court, upon receipt of the peon's fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon the person whose appearance is so required.

Meaning and scope of Section 37

After the request under Section 36, the officer or court concerned issues the summons and arranges for its service once the applicable peon's fee (the prescribed service fee) has been received. The relevant State rules and notifications should be checked for the authority designated to issue summons and the amount and payment procedure for service fees.

How Sections 36 and 37 operate together

  1. A person presenting or claiming under a registrable document identifies an executant or witness whose presence or testimony is necessary.
  2. The registering officer considers whether to exercise discretion under Section 36.
  3. If satisfied, the registering officer calls upon the officer or court designated by the State Government to issue the summons.
  4. Upon receipt of the prescribed service fee, the designated officer or court issues and causes service of the summons under Section 37.
  5. The person's appearance or evidence is then dealt with under the applicable registration procedure.

Related provisions

Section 34 requires the registering officer to enquire into execution, identity and representative authority. Section 35 governs admission or denial of execution. Sections 38 and 39 concern exemption from personal appearance and the law relating to summonses, commissions and witnesses.

Practical considerations

A request should explain why the particular person's attendance or testimony is necessary for registration, identify the relevant document and supply sufficient details for service. The power under Section 36 is discretionary and does not displace the requirements concerning admission or denial of execution under Section 35. Local amendments, rules, and administrative procedures may affect the practical process.

Official legal resources

Consult the India Code portal for the central legislation and the relevant State Registration Department or e-Gazette for applicable State amendments, notifications and rules.

Legislative note: In the central text, the reference to the State Government reflects the substitution of the earlier expression "Provincial Government" by the Adaptation of Laws Order, 1950. State-specific amendments should be read separately.