39. When cancellation may be
ordered.
40. What instruments may be
partially cancelled.
41. Power to require party for
whom instrument is cancelled to
make compensation.
DETAILS :
39. When cancellation may be
ordered .– Any person against
whom a written instrument is void
or voidable, who has reasonable
apprehension that such
instrument, if left outstanding,
may cause him serious injury, may
sue to have it adjudged void or
voidable; and the Court may, in its
discretion, so adjudge it and order
it to be delivered up and
cancelled.
If the instrument has been
registered under the [34] [* * *]
Registration Act, 1908 [35] , the
Court shall also send a copy of its
decree to the officer in whose
office the instrument has been so
registered; and such officer shall
note on the copy of the
instrument contained in his books
the fact of its cancellation.
Illustrations
(a) A, the owner of a ship by
fraudulently representing her to
be seaworthy, induces B, an
underwriter, to insure her. B may
obtain the cancellation of the
policy.
(b) A conveys land to B, who
bequeaths it to C and dies.
Thereupon D gets possession of
the land and produces a forged
instrument stating that the
conveyance was made to B in
trust for him. C may obtain the
cancellation of the forged
instrument.
(c) A, representing that the
tenants on his land were all at
will, sells it to B, and conveys it to
him by an instrument, dated the
1st January, 1877. Soon after that
day, A fraudulently grants to C a
lease of part of the lands, dated
the 1st October, 1876, and
procures the lease to be
registered under the [36] [* * *]
Registration Act, 1908[37] . B may
obtain the cancellation of this
lease.
(d) A agrees to sell and deliver a
ship to B, to be paid for by B’s
acceptances of four bills of
exchange, for sums amounting to
Rs.30,000, to be drawn by A on B.
The bills are drawn and accepted,
but the ship is not delivered
according to the agreement. A
sues B on one of the bills. B may
obtain the cancellation of all the
bills.
40. What instruments may be
partially cancelled.– Where an
instrument is evidence of different
rights or different obligations, the
Court may, in a proper case,
cancel it in part and allow it to
stand for the residue.
Illustration
A draws a bill on B, who endorses
it to C, by whom it appears to be
endorsed to D, who endorses it to
E. C’s endorsement is forged. C is
entitled to have such
endorsement cancelled, leaving
the bill to stand in other respects.
41. Power to require party for
whom instrument is cancelled to
make compensation.– On
adjudging the cancellation of an
instrument, the Court may require
the party to whom such relief is
granted to make any
compensation to the other which
justice may require.
ordered.
40. What instruments may be
partially cancelled.
41. Power to require party for
whom instrument is cancelled to
make compensation.
DETAILS :
39. When cancellation may be
ordered .– Any person against
whom a written instrument is void
or voidable, who has reasonable
apprehension that such
instrument, if left outstanding,
may cause him serious injury, may
sue to have it adjudged void or
voidable; and the Court may, in its
discretion, so adjudge it and order
it to be delivered up and
cancelled.
If the instrument has been
registered under the [34] [* * *]
Registration Act, 1908 [35] , the
Court shall also send a copy of its
decree to the officer in whose
office the instrument has been so
registered; and such officer shall
note on the copy of the
instrument contained in his books
the fact of its cancellation.
Illustrations
(a) A, the owner of a ship by
fraudulently representing her to
be seaworthy, induces B, an
underwriter, to insure her. B may
obtain the cancellation of the
policy.
(b) A conveys land to B, who
bequeaths it to C and dies.
Thereupon D gets possession of
the land and produces a forged
instrument stating that the
conveyance was made to B in
trust for him. C may obtain the
cancellation of the forged
instrument.
(c) A, representing that the
tenants on his land were all at
will, sells it to B, and conveys it to
him by an instrument, dated the
1st January, 1877. Soon after that
day, A fraudulently grants to C a
lease of part of the lands, dated
the 1st October, 1876, and
procures the lease to be
registered under the [36] [* * *]
Registration Act, 1908[37] . B may
obtain the cancellation of this
lease.
(d) A agrees to sell and deliver a
ship to B, to be paid for by B’s
acceptances of four bills of
exchange, for sums amounting to
Rs.30,000, to be drawn by A on B.
The bills are drawn and accepted,
but the ship is not delivered
according to the agreement. A
sues B on one of the bills. B may
obtain the cancellation of all the
bills.
40. What instruments may be
partially cancelled.– Where an
instrument is evidence of different
rights or different obligations, the
Court may, in a proper case,
cancel it in part and allow it to
stand for the residue.
Illustration
A draws a bill on B, who endorses
it to C, by whom it appears to be
endorsed to D, who endorses it to
E. C’s endorsement is forged. C is
entitled to have such
endorsement cancelled, leaving
the bill to stand in other respects.
41. Power to require party for
whom instrument is cancelled to
make compensation.– On
adjudging the cancellation of an
instrument, the Court may require
the party to whom such relief is
granted to make any
compensation to the other which
justice may require.
