registered document is a validly executed document. The
onus of proof would be on the person who disputes the
existence of such document and, therefore ... that registered document is a validly
executed document. Paragraph 27 thereof, reads as
under:-
"There is a presumption that registered
document is validly executed
expounded on the
17
difference between void and voidable documents and while referring
to Gorakhnath Dubey Vs. Harinarayan Singh reported ... permission of the court and it is well settled that
a voidable document has to be set aside by the court at the request
document and as to its
contents where the misrepresentation is merely in respect of
contents of the document, the transaction becomes voidable, where ... facts the alleged document is not binding
upon him and construction of the document whether void or
voidable may be addressed in such proceedings. However
pleaded. That void document is not
required to be avoided whereas voidable document must
be. The position may have been different in respect of
orders ... valorem court-fee was not required. In
case the document is voidable at the instance of
executant, ad valorem court-fee is required
Court but by making the
said sale deed as ''voidable document'' the statute has given a power to
the minor ... genuineness of the
8
document. Therefore, this Court is of the view that where a document is
''voidable'' because the same
impression on the stamp papers on the pretext that it was a document of Mukhtarnama, but the defendants I to 8 got fictitious sale-deeds ... plaint, the contract, i.e. sale-deeds in question are voidable documents and can be ignored only on the option of the party on whom
avoided and that there is a difference between void and
voidable documents. Learned Sr. counsel further submits that if a suit is filed ... declaration that a document is got executed fraudulently or forged and/or
fabricated, it is voidable and a party who alleges otherwise is obliged
2024
Court in respect of filing a suit of cancellation of a document and that is
governed with Article 59 of the Limitation Act sought ... Specific Relief Act, 1963 thus, refers
to both void and voidable documents. It provides for a
discretionary relief.
16. When a document is valid
2024
Court in respect of filing a suit of cancellation of a document and that is
governed with Article 59 of the Limitation Act sought ... Specific Relief Act, 1963 thus, refers
to both void and voidable documents. It provides for a
discretionary relief.
16. When a document is valid
pleaded. That void document is not required to be avoided
whereas voidable document must be. The position may have been
different in respect of orders ... valorem court-fee was not required. In case the
document is voidable at the instance of executant, ad valorem
court-fee is required
