that there are two types
of documents; one is a void document and the second is a
voidable document. So far as the void documents ... that the documents in question to
which he is a party were got signed on misrepresentation,
the documents are therefore only voidable and not void
Article 58 of the Limitation
Act only applies as against a voidable document and not a void
document. The same has been held ... appellants and respondent no. 5/plaintiffs
are concerned, and not a voidable document, because the appellants
and respondent no. 5/plaintiffs did not challenge
documents has to be
filed within three years of execution of documents i.e the present suit had to
be filed for challenging the documents ... Limitation Act, 1963 by differentiating between void
documents and voidable documents i.e voidable documents under Article 59
of the Limitation Act would be those
Satyender Singh & Ors. (Lrs Of Hari ... vs Gulab Singh & Ors. on 22 March
because the parties intended it to be so or secondly, if the document being
the sale deed is void ab initio. It is in these ... other cases
where it is pleaded that sale deed is a voidable document because it ought
not to have been executed or there
Nand Kishore Garg vs Jitender Singh Tomar & Ors on 17 January, 2020
Equivalent citations
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
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
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
