sale deed executed by Smt. Bachan Kaur is not a voidable document. In view of that matter, the appeal preferred by the respondents were allowed
decided by a Revenue Court. It is, however, necessary that a voidable document should first be set aside by a Civil Court and then only ... Revenue itself proceeded with the presumption that it was a voidable document. In the instant case, it is alleged to be a void document
document. Their Lordships appear to have concentrated on the disparity between the effect of the document actually signed, and the document as it was believed ... statutory authorities. The Court, however, drew a distinction between void and voidable documents and said a voidable document was one which remained in force until
document or transfer deed, the proceeding would abate, if such document is void, but no such abatement would result, if the same is voidable ... actual practice. Yet the distinction betwixt a void and a voidable document is well known in law, though the line is not easy to draw
which are made under fraud, undue influence, coercion or misrepresentation are only voidable and not absolutely void. The victimized party has the choice of either ... been made under undue influence or coercion, was merely a voidable document and was good so long as it had not been avoided. The Judge
been sought.
The law regarding maintainability of the suit for cancellation
of document pertaining to agriculture land has been laid down by
this Court ... plaint make out a case of
document being voidable, relief of cancellation of such a
voidable document can only be granted by civil court
respondent feels that document is a voidable document, then he has to
set aside the same and he ought to have valued the suit under
Contract Act, 1872 Ss.17 to 19 Fraudulent misrepresentation Document/transaction when void and when voidable Held, when fraudulent misrepresentation is with ... respect to character of document, it is void, and when it is with respect to contents of document, it is voidable Deeds and Documents.
Specific
down that any person against whom a
written instrument is void or voidable and who has a reasonable
apprehension that such instrument, if left outstanding ... after holding that Section 31 applies both to void
and voidable documents, further held that for void ab initio documents, no suit is
required
choice of the person affected by void or voidable document to file a suit for cancellation of a written instrument where ... Court to exercise the discretion to adjudge the document void or voidable and to cancel it. The suit property belongs to public at large