Section 39 of The Registration Act, 1908 — Law as to summonses, commissions and witnesses

Bare section text

Official Legislative Text

The law in force for the time being as to summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits before Civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission issued and any person summoned to appear under the provisions of this Act.

Educational Study Layer

Summary

The general laws governing court summonses and witnesses also apply to the registration process.
These rules cover how summonses are issued and how commissions are handled.
The laws regarding forcing witnesses to attend and paying them for their time apply here.
These existing civil laws are applied mutatis mutandis, which means with the necessary changes to fit the registration context.
The provision ensures that the registration office has the same legal tools as a Civil Court to manage witnesses.

Practical examples

1When a witness is summoned to the registration office in Delhi, the rules regarding how much they should be paid for travel and daily expenses are taken from the Code of Civil Procedure.

2A court issues a commission to examine a witness who lives in another state. The procedure used follows the same rules that a judge would use if the witness were testifying in a property lawsuit.

FAQ

1. Which law decides how witnesses are paid under Section 39 of The Registration Act, 1908?

The laws in force for the time being regarding the remuneration of witnesses in Civil Courts apply as per Section 39 of The Registration Act, 1908.

2. Can a witness be forced to attend a registration hearing under Section 39 of The Registration Act, 1908?

Yes, the laws for compelling the attendance of witnesses in suits apply to registration under Section 39 of The Registration Act, 1908.

3. What does mutatis mutandis mean in Section 39 of The Registration Act, 1908?

It is a Latin term meaning with the necessary changes made to suit the current situation, as used in Section 39 of The Registration Act, 1908.

Practice Quiz

Q1.According to Section 39 of The Registration Act, 1908, the law regarding witnesses is the same as the law used in:

Q2.What specific aspect of witness management is NOT mentioned in Section 39 of The Registration Act, 1908?

Q3.The term mutatis mutandis in Section 39 of The Registration Act, 1908, implies that:

Q4.Under Section 39 of The Registration Act, 1908, who is responsible for paying the witness?

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