that Natharsa Rowther died within 16 days of the execution of the document. This was not made out at the trial by way of evidence ... that it is not a void document, but it is a voidable document and therefore, as the defendants did not file a suit
held that there
are two types of documents viz void documents and voidable documents.
The Supreme Court in Prem Singh 's case (supra ... period of limitation with respect to void documents but where the documents
are pleaded to be voidable then the suit under Section
provision for cancellation of void as well as voidable instrument. Suits for cancellation of such documents being of civil nature are cognizable by a civil ... regarding its cancellation by a court of law.
So far as voidable documents like those obtained by practicing coercion, fraud, misrepresentation, undue influence
view that even if the document is vitiated by undue influence, still the said document is only voidable and not void ab initio and that ... father of the appellant/plaintiff in his favour is only a voidable document and not void ab initio. In support of his arguments
Specific Relief Act, 1963 refers to both void and voidable
documents; (ii) it provides for a discretionary relief; (iii) when a document is
valid ... void document
is not required to be avoided whereas a voidable document must be.
Reliance was placed on Prem Singh supra. Again, in The Rajasthan
enacts that any person against whom a
written instrument is void or voidable and who has a reasonable
apprehension that such instrument, if left outstanding ... other cases where it is pleaded that sale deed is a voidable
document because it ought not to have been executed or that there
document was executed. Admittedly, Sundaramma was in Tiruttani at the time when the document was executed and she died soon thereafter. The document in question ... grounds referred to in the said rule would only make a document voidable and not void. In such cases, it will be necessary to seek
executant. It was held that the sale deed was a voidable document and not void and, therefore, the suit will not abate under Section ... voidable or not. Even in cases where both questions, that is, void and voidable have to be decided with regard to a particular document
suit is filed for declaration that a document is fraudulent and/or forged and fabricated. It is voidable as apparent state of affairs is real ... Devi Vs. Janardhan Singh and Others (Supra) has held that a voidable document is one which remains in force until set aside and such
pleaded. That void document is not
required to be avoided whereas voidable document must
be. The position may have been different in respect of
orders ... valorem court-fee was not required. In
case the document is voidable at the instance of
executant, ad valorem court-fee is required
