void document, but in case where there is fraudulent misrepresentation as to the contents of the document, the character of a document is voidable ... documents, therefore, clearly the said documents are void documents as in the instant case there was fraudulent misrepresentation as to the character of the document
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
both the sale deeds was not denied and they were voidable documents as such the consolidation courts cannot ignore the same.
11. The first contention ... that the sale deed has rightly been held to be a voidable document. The Deputy Director of Consolidation has rightly held that only civil court
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
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
report, has drawn distinction between void and voidable documents as follows:-
"7. So far as voidable documents like those obtained by practising coercion, fraud ... 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
document is maintainable only in Civil Courts unless of course, the document is cancelled or adjudged to be void. The effect of such document cannot ... point at length, it bears no repudiation that so far as voidable documents are concerned, it is only the Civil Courts which have exclusive jurisdiction
