AIR 2009 (NOC) 1364 (ALL.) ::2009 (2) All LJ 162 ::2009 (2) ALJ 162 ::2009 A I H C 1542 ::(2009) 106 RevDec 304 ::(2009) 3 CivilCourtC 730 ::(2009) 1 All WC 476 ::(2009) 73 AllIndCas 953 (ALL)

Allahabad High Court

Hon'ble Judge(s): S. U. Khan , J

(A) Specific Relief Act (47 of 1963) S. 31 (1)— Suit for cancellatoin of void document — Maintainability — There is no substantial difference between declaring an instrument as void or cancelling same — By virtue of S 31 not only cancellation of voidable document is permissible, but cancellation of void document is also permissible — Hence, suit for cancellation of void document would be maintainable before Civil Court — Mere declaration by revenue Court, not sufficient {" Though word ‘void’ has been used before word ‘voidable’, there is no substantial difference between declaring an instrument as void or cancelling the same, since by virtue of S. 31 not only cancellation of voidable document is permissible but cancellation of void document is also permissible and hence it cannot be said that suit cancellation of void document is not maintainable before civil court as its cancellation is not necessary and mere declaration which may be granted by revenue court is sufficient. 1989 All LJ 1335 (SC) and 2001 All LJ 578 (SC), Rel. on. (Para 5,7,8) "} .....