report, has drawn distinction between void and voidable documents as follows:-
"7. So far as voidable documents like those obtained by practising coercion, fraud ... facts averred. Void documents necessarily do not require cancellation like voidable documents. A simple suit for cancellation of a document or instrument if the same
enforced against transfer made pendentlite case. Such transfers are not void
but voidable and that too at the option of the affected party ... make sale deed null and void, it only became a
voidable document at the hands of the plaintiff. Plaintiff did not exercise his
right
discretion, till
then, the document remains legally binding and operative.
33. A court cannot presume a document to be voidable
and invalid merely because some ... document challenges it, then he must seek
cancellation of the document under Section 31 of the Specific
Relief Act, otherwise, the document stands good
attracted.
Dismissing the appeal, the Court,
HELD: 1.1 A voidable document is one which remains in force
800
until set aside and such a document ... authorities. The Court, however, drew a dis-
tinction between void and voidable documents and said a
voidable document was one which remained in force until
voidable
document and not where the document is void ab initio.
The question therefore is whether sale deed Ex. 2 was
voidable as has been ... case of document being voidable, relief of cancellation
(16 of 19)
[CR-137/2015]
of such a voidable document can only be granted by civil
document is maintainable only in Civil Courts unless of course, the document is cancelled or adjudged to be void. The effect of such document cannot ... point at length, it bears no repudiation that so far as voidable documents are concerned, it is only the Civil Courts which have exclusive jurisdiction
plaintiff-appellant contends that the deed of gift is a voidable document, while Mr. Y. C. Chandrachud, appearing for defendants Nos. 4 and 5, contends ... first plaintiff contends that the deed of gift is only a voidable document, that it is not void, and that if it is voidable
Exhibit B-1; it could at best be construed as a voidable document and not a void document; and when Sankaralinga had never gone ... Subramaniam, learned Counsel for plaintiff as to what are voidable documents, and if Exhibit B-1 is voidable, what steps and within what time
Specific Relief
Act, 1963 refers to both void and voidable documents. It provides
for a discretionary relief. It was further held that Article ... void document is not required to be avoided
whereas a voidable document must be. It was held that a deed of
release for a consideration
makes a specific provision for cancellation of void as well as voidable documents, observed that voidable documents are those whose legal effect cannot
