which are voidable transactions."
"15. Section 31 of the Specific Relief Act, 1963 thus, refers to both void and voidable documents. It provides ... sale deed is void and not voidable document. Void document need not be set aside. Voidable document alone has to be set aside
gritty of it would run thus:
The release deed being a voidable document, the plaintiff should have filed a suit to get the release deed ... document but the trial Court erroneously held that it is a voidable document. Since Ex.B1 is a void document, the question of limitation
Court
held that alienation by the guardian of minor was a voidable document and
Article 60 of Limitation Act would apply.
(f) In Dahiben ... Will and under those circumstances, the discussion
regarding “void” and “voidable” document was required and I do not find
this decision applying to the facts
were
obtained by coercion and Exs.A1 and A2 are voidable documents, the respondents
have not taken any steps to set aside the documents ... voidable documents, unless the same are set aside by the
competent Court, the documents are in force and based on the documents, the
possession
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
plaintiff?
3)Whether Ex-B2 and Ex-B3 are void or voidable documents and whether
specific relief should have been sought to set aside ... Misrepresentation alone had been pleaded. If the documents had
been obtained by misrepresentation, then the documents become voidable
documents. Misrepresentation had been defined in Section
Specific Relief Act, 1963
thus, refers to both void and voidable documents. It
provides for a discretionary relief.”
“16. When a document is valid ... majority. Only when a document is void
document, a plaintiff who was minor at the time of execution of the
document, file a suit either
alienation made by
the Kartha without legal necessity, is only a voidable document and without
challenging the said sale deed within a period of three ... Limitation to challenge the voidable document:
37.As per Article 59 of the Limitation Act , limitation to seek setting
aside of an instrument is three
declaration of Sale Deed as void, as in respect of voidable document there should be a prayer for declaring the document as void.
Accordingly ... prayer to declare that the voidable transaction was void. In other words, the voidity involved in that voidable document should be got declared by making
Ammal has sold the minor's property, it is a voidable document and steps should have been taken to declare it as a voidable ... taken any steps to declare Ex.A2 as a voidable document and without resorting to that procedure, he has sold the property
