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
will at the most can be treated to be a voidable document and cannot be held to be a void document.
It is contended that ... voidable not void document and the document alleged to have been obtained by fraud or by misrepresentation, would be a voidable and not a void
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
this Court observed as under:-
"7. So far as voidable documents like those obtained by practising coercion, fraud, misrepresentation, undue influence etc., are concerned ... facts averred. Void documents necessarily do not require cancellation like voidable documents. A simple suit for cancellation of a document or instrument if the same
Supreme Court where the reference has been made to void and voidable documents and even if the sale deed has wrongly described ... voidable document and unless it is set aside by the Competent Court it had to be followed by the Consolidation Officer. He has also argued
said to be a void document and it is merely a voidable document.
Counsel for the respondent further contends that since the sale-deed ... voidable at the instance of minors or any person claimed under him and therefore, the sale-deed dated 10.7.1970 is voidable document and even
determine whether the deed or instrument was a void or voidable document. Either way it is not appropriate or open for the DDC to have ... voidable, the Civil Court is vested with the jurisdiction to declare the same to be voidable. In the case of voidable documents, not only would
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
determine whether the deed or instrument was a void or voidable document. Either way it is not appropriate or open for the DDC to have ... voidable, the Civil Court is vested with the jurisdiction to declare the same to be voidable. In the case of voidable documents, not only would
defendant to the 1st defendant and it was only a
voidable document and in the circumstances, the
30
findings given on issue ... document
will afford any right or interest to the purchaser
including the subsequent purchasers; if the document
is held to be voidable, then the question
