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
discretion, till
then, the document remains legally binding and operative.
33. A court cannot presume a document to be voidable
and invalid merely because some ... document challenges it, then he must seek
cancellation of the document under Section 31 of the Specific
Relief Act, otherwise, the document stands good
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
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
alienation made by
the Kartha without legal necessity, is only a voidable document and without
challenging the said sale deed within a period of three ... Limitation to challenge the voidable document:
37.As per Article 59 of the Limitation Act , limitation to seek setting
aside of an instrument is three
necessity to set aside a document would
arise only, if the document is a voidable document.
12. In the present case, Ext.A5 cannot ... said to be
a voidable document for two reasons: a) The entitlement
of Bhaskara Menon and Ramankutty Menon, who
executed the sale deed, has been
required and
the law of limitation would apply only when the document to be hit is a
valid one. The learned 1st appellate Court ultimately ... cancellation of transaction whether on the ground
of being void or voidable would be governed by Article 59 of the
Limitation Act . The suit, therefore
ordered.--(1) Any person against
whom a written instrument is void or voidable, and who
has reasonable apprehension that such instrument, if left
outstanding ... Specific Relief Act, 1963 thus, refers to
both void and voidable document. It provides for a discretionary
relief.
[16] When a document is valid
paid towards the
discharge of debts. Witnesses DW2 to DW5 and documents (Exs. B10, B11,
B12, B25) prove passing of consideration beyond reasonable doubt. Also ... dealing with cancellation of void/voidable documents, is not attracted
because the sale deed is neither void nor voidable. It is a valid, lawful
voidable documents. It provides for a
discretionary relief.
16. When a document is valid, no question arises of its
cancellation. When a document is void ... regards character of a document is void but fraudulent
misrepresentation as regards contents of a document is
voidable stating:
"The legal position will
