{"id":1158,"date":"2018-05-03T11:19:01","date_gmt":"2018-05-03T11:19:01","guid":{"rendered":"http:\/\/atmateen.com\/?p=1158"},"modified":"2018-05-03T11:19:01","modified_gmt":"2018-05-03T11:19:01","slug":"suit-for-cancellation-of-documents","status":"publish","type":"post","link":"https:\/\/atmateen.com\/suit-for-cancellation-of-documents\/","title":{"rendered":"Format of Suit for Cancellation of Documents With Permanent Injunction"},"content":{"rendered":"\n\n\n
Suit for cancellation of documents is a remedy provided in specific relief act 1877. This civil remedy is invoked when the aggrieved party apprehends that his property is transferred<\/a> without following due course of law.<\/p>\n\n\n\n The specific relief act also states when and to what extent a document can be canceled.<\/p>\n\n\n\n Section 39 of the specific relief act 1877<\/strong> says that; Any person against whom a written instrument is void or voidable, who has a reasonable apprehension that such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or voidable\u037e and the Court may, in its discretion, so adjudge it and order it to be delivered up and canceled.<\/p>\n\n\n\n\n\n If the instrument has been registered under the Indian Registration Act, the Court shall also send a copy of its decree to the officer in whose office the instrument has been so registered\u037e and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.<\/p>\n\n\n\n Section 40 of the specific relief act 1877 explains that Where an instrument is an evidence of different Section 41 states that while deciding suit for cancellation of documents or an instrument, the Court may also require the party to whom such relief is granted to make any compensation to the other which justice may require.<\/p>\n\n\n\n Article 91 & 114 of the limitation act 1908<\/a> deals with the limitation period in cancellation suits.\u00a0The period of limitation for a suit to cancel or set aside an instrument or decree or for the rescission of a contract is three years.<\/strong><\/p>\n\n\n\n The time of limitation starts when the facts entitling the plaintiff to have the instrument or decree canceled or set aside or the contract rescinded first become known to him.<\/p>\n\n\n\n The court fee in the cancellation of documents suits is paid according to the value of the property. Section 7 (iv-A) of the court fee act 1870 says that;<\/p>\n\n\n\n For a declaratory decree regarding immovable property on the basis of the alleged sale, etc.\u2013<\/b> In suits for a declaratory decree with or without consequential relief as to right in or title to the immovable property based on alleged sale, gift, exchange or mortgage\u2013 according to the value of the property],<\/p>\n\n\n\n\n\n This sample draft of suit for cancellation of documents can help you in writing the best civil pleading<\/a>.<\/p>\n\n\n\n IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.<\/strong><\/p>\n\n\n\n In the matter of:<\/p>\n\n\n\n MAF son of NKH resident of _____, Tehsil and District Rawalpindi.<\/p>\n\n\n\n \u2026Plaintiff<\/strong><\/p>\n\n\n\n Versus<\/strong><\/p>\n\n\n\n \u2026Defendants<\/strong><\/p>\n\n\n\n SUIT FOR CANCELLATION OF DOCUMENTS WITH PERMANENT AND MANDATORY INJUNCTION.<\/strong><\/p>\n\n\n\n Respectfully Sheweth,<\/p>\n\n\n\n illegally, unlawfully, fraudulently, by way of forgery and fraud with the connivance of the revenue authorities.<\/p>\n\n\n\n\n\n PRAYER<\/strong><\/p>\n\n\n\n In view of the above, it is most humbly prayed that:<\/p>\n\n\n\nWhen cancellation may be ordered.<\/h2>\n\n\n\n
What instruments may be partially canceled?<\/h2>\n\n\n\n
rights or different obligations, the Court may, in a proper case, cancel it in part and allow it to stand
for the residue.<\/p>\n\n\n\nLimitation In Suit for Cancellation of Documents<\/h2>\n\n\n\n
Court Fee in Suits for Cancellation of Documents<\/h2>\n\n\n\n
Format of Suit for Cancellation of Documents<\/h2>\n\n\n\n