plaintiffs would also be deemed to be a party to that document and in such circumstances had to seek cancellation of the sale deed ... where there is a suit for cancellation of a document or declaring the document voidable by a party to the document relating to the agricultural
hold it for his or her benefit. A transaction which is voidable is valid until repudiated. I am not prepared to accept, as was urged ... decide the rights of the parties flowing from void and voidable documents came up for consideration by the Supreme Court in Gorakh Nath Dube
therefore, necessary for the plaintiff to get rid of the voidable document by having the Court declare that in the circumstances of the case
settled proposition of law that 'fraud' would render a document voidable and not void. In this connection I would like to extract hereunder ... Further, in case of an instrument, which is void or voidable against executant, a suit would be maintainable for cancellation of such instrument
document and simply on his allegation and proof that he has himself repudiated the document on proper grounds, assuming that the document is voidable ... arguing that the Privy Council dealt with the case of a document voidable for fraud and not for undue influence. The facts of the case
down that the suit for cancellation of document or declaring the document voidable by a party to the document relating to agricultural land is covered
because the parties intended it to be so or secondly, if the document being
the sale deed is void ab initio. It is in these ... other cases
where it is pleaded that sale deed is a voidable document because it ought
not to have been executed or there
therefore, the document executed by
her cannot be said to be a void document. At best, it was a
voidable document in terms of Section
document and simply on his allegation and proof that he has himself repudiated the document on proper grounds, assuming that the document is voidable ... arguing that the Privy Council dealt with the case of a document voidable for fraud and not for undue influence. The facts of the case
account of fraud, as alleged by him, is only a voidable document and is, therefore, valid and binding upon the plaintiff as long ... below is right, if the document in question is only a voidable document and not void ab initio. It has not been argued before
