document is wholly void, the civil Court has no jurisdiction
to go into its legality. But if the document is voidable,
unless the civil Court ... voidability of the gift deed was
in question. Having found the gift deed voidable, the full
bench held that found the gift deed voidable
voidable sale deed will not
abate by virtue of Section 5 (2) (a) of the Consolidation Act. The
distinction between ‘void’ and ‘voidable’ documents ... 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
attracted.
Dismissing the appeal, the Court,
HELD: 1.1 A voidable document is one which remains in force
800
until set aside and such a document ... authorities. The Court, however, drew a dis-
tinction between void and voidable documents and said a
voidable document was one which remained in force until
Specific Relief Act, 1963 thus, refers to both
void and voidable document. It provides for a discretionary relief.
When a document is valid, no question ... regards character of a document is void but
fraudulent misrepresentation as regards contents of a document is
voidable stating:
"The legal position will
void
document is not required to be avoided whereas a voidable document
must be. It is not necessary for us to advert to a large ... outcome of any undue misrepresentation, coercion or fraud
shall be voidable.
If, however, a document is prima facie valid, a presumption arises
in regard
minor or any person claiming
under him. A document which is voidable has to be
actually set aside before taking its legal effect.
This Court ... others , (1973) 2 SCC 535, while making
distinction between void and voidable document held:
“5………We think that a distinction can be made
between cases
therefore, the document executed by
her cannot be said to be a void document. At best, it was a
voidable document in terms of Section
sale deed executed by Smt. Bachan Kaur is not a voidable document. In view of that matter, the appeal preferred by the respondents were allowed
doubt in our mind that the distinction between
the void and voidable document as has been noticed by this Court in Gorakh
Nath Dube
Specific Relief Act, 1963, a declaration to adjudge
the documents as void or voidable must be sought if it causes a serious injury ... plaintiff has pleaded the documents to be void and sought to ignore the documents,
we do not think that the document is void, but rather
