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Showing contexts for: voidable document in Satyender Singh & Ors. (Lrs Of Hari ... vs Gulab Singh & Ors. on 22 March, 2012Matching Fragments
51. The decision does not discuss as aforesaid and the recital in the document. We do so and express our disagreement with the conclusion arrived at. We do not find any irreconcilable ambiguity in the document, much less of a kind attracting Section 29 of the Contract Act.
RFA (OS) 28, 29 & 33 of 2011 Page 33 of 4552. It is well-settled law that there is a presumption of a registered document being validly executed. A registered document would, therefore, prima facie, be valid in law. The onus of proof, thus, would be on a person who questions the same. There is a distinction between a void and a voidable document. A person is not required to seek cancellation of a document which is void, but he is required to seek cancellation of the document which is voidable. When a document is valid, no question can arise of its cancellation. Section 31 of the Specific Relief Act, 1963 refers to both void and voidable documents. It provides for a discretionary relief. [(2006) 5 SCC 353 Prem Singh & Others v. Birbal & Ors].