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

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 35 All 93 Sections of Registration Act Section 37

Legal Commentary & Landmark Judgments: Section 36

Section 36 empowers the registering officer to issue summons to executants or witnesses whose appearance or document production is required for registration.

  • Statutory Summons Power: If any person presenting any document desires the appearance of any person whose presence or testimony is necessary, the registering officer may call upon the competent revenue/civil officer to issue summons.
  • Production of Documents: Summons may mandate the production of title deeds, original powers of attorney, or municipal certificates.
  • Enforcement through Civil Court: Summons are served in the same manner as civil court process under the Code of Civil Procedure, 1908.
Key Landmark Precedents:
  • Ameen v. State of Kerala, 2022 SCC OnLine SC 1191: The Supreme Court noted that Section 36 enables presenting parties to compel attendance of recalcitrant executants or attesting witnesses through legal process.
  • Veena Singh v. District Registrar, (2022) 7 SCC 1: Reaffirmed the procedural powers of registration officers to enforce attendance of witnesses under Section 36.
Courtroom Practice & Strategic Litigation Guidance:

If a co-executant or attesting witness refuses to attend the sub-registry after executing the deed, immediately file an application under Section 36 requesting the Sub-Registrar to issue summons.

Section 35 All 93 Sections of Registration Act Section 37