misrepresentation as regards the ‘character of the document’
and fraudulent misrepresentation as regards the ‘contents of a
document’. It is only in the former situation ... regards character of a document is void but fraudulent
misrepresentation as regards contents of a document
is voidable stating
against whom a claim under a
document might be made is not bound to wait till the
document is used against him. If that were ... executing the document, or a principal in respect
of a document executed by his agent, or a minor in
respect of a document executed
filed for a
declaration that a document is fraudulent and/or forged and
fabricated, it is voidable as the apparent state of affairs ... document cannot be taken away without setting aside the
same, it cannot be treated to be void but would be obviously
voidable.’
(emphasis supplied
K. S. Manjunath vs Moorasavirappa @ Muttanna Chennappa ... on 10 November, 2025
2025 INSC 1298 REPORTABLE
suit for cancellation of the
instrument which may be void or voidable qua him. If
plaintiff is not privy to the instrument, he may seek ... same is void or does not affect his
rights. When a document is void ab initio, a decree for
setting aside the same
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