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12. Learned counsel contended that when a person has no title or when the title is defective or when the document is void or voidable for some legal reason, it is well within the realm of the executant to recall or avoid it. The fact that the document is registered ipso facto cannot create a right in favour of a purchaser, when it is defective for some legally valid reason or when the Sub-Registrar transgresses his authority and registers a document in respect to a property that falls outside his territorial limits. The argument of the learned counsel is that it is only the Civil Court in a regular suit which can adjudicate the title of the parties. The Registrar is not legally competent to deny registration of the instrument on surmises that the person presenting the document has no legal right. On the contrary, whatever document is given to the Sub-Registrar he is bound to register.

19. On the issue of applicability of Section 31 of the Specific Relief Act, learned counsel relied on a Full Bench decision of the Madras High Court reported in AIR 1960 Madras 1 and AIR 2000 AP 57. Learned counsel submitted that Section 31 is a discretionary remedy and any person can institute a suit and not necessarily a party to the instrument. If a document is considered to be void or voidable anyone who has a legal apprehension that such instrument, if left outstanding may cause serious injury, may sue to get the document adjudged as void or voidable. A reading of the provision makes it clear that a document need not necessarily be set aside. It may be removed, if the person considers it as a source of possible mischief.

23. Learned counsel submitted that with regard to cancellation of instruments and decrees, Section 31 of the Specific Relief Act, 1963 provides for the same. It enables any person who is affected by any void or voidable document to sue for its cancellation. The provision clearly lays down that any registered document, instrument or decree can be avoided only by approaching a Civil Court and obtained a decree thereon. Learned counsel relied on a judgment reported in 2005 (6) SCC 705 and AIR 1964 SC 227 with regard to interpretation of a procedural or adjective law vis-`-vis the substantive law.

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26. It is a misconception that in every situation, a person who suffers injury by reason of a document can file a suit for cancellation of such written statement. Two conditions must exist before one invokes Section 31 of Specific Relief Act. -These are: the written instrument is void or voidable against such person; and such person must have reasonable apprehension that such instrument if left outstanding may cause him serious injury. Insofar as Section 34 of the Specific Relief Act is concerned, it is no doubt true that a person entitled to any right as to any property can seek declaration that he is so entitled to such right. Here again, the person who claims the right to property can institute a declaration suit only when the defendant denies or interested to deny the title of the plaintiff. The difference between the two situations is glaring. In one case, cancellation of deed can be sought in a Court only by a person who executed document and who perceives that such document is void or voidable. In the other case, even if a person is not a party to the document, he can maintain a suit for declaration.