Circumstances When Cancellation Of An Instrument May Be Ordered part 3rd By Mutahir Husssain Tarimzi
Channel: Adv Muneer Sadhana
Date: 2018-03-08

Circumstances when cancellation of an instrument may be ordered in specific relief act section 39
2. SECTION 39: WHEN CANCELLATION MAY BE ORDERED. When a written instrument is made against any person, it is void or voidable and if the instrument left outstanding he become seriously injured. Then the plaintiff can file a suit for cancellation of instrument and the court may order it delivered up and cancelled upon his discretionary power. But subject to court satisfaction. Otherwise if the instrument is registered under the Registration Act. 1908, then the court shall also send a copy of its decree to the officer in whose office the instrument has been registered, and the officer shall note the copy of decree of cancellation of instrument in his note book. Thursday, June 25, 2015 SRA 255 | Presentation of Cancellation of Instruments 2
3. SECTION 40: WHAT INSTRUMENTS MAY BE PARTIALLY CANCELLED. Where an instrument in evidence of different rights and different obligations, then the court may cancel the part of instrument, which part is violates different rights and different obligations and other part of instrument will be remain unchanged. SECTION 41: POWER TO REQUIRE PARTY FOR WHOM INSTRUMENT IS CANCELLED TO MAKE COMPENSATION. Upon adjudging the cancellation of instruments, the court may require the party to whom such relief is granted to make any compensation to the other which justice may require. 
WHO CAN FILE A SUIT FOR CANCELLATION OF INSTRUMENTS? Any person can file a suit for cancellation of instruments. When a written instrument is made against him, which is void or voidable and who become seriously injured by the instrument, if the instrument left outstanding. Then the person (plaintiff) can file a suit for cancellation of instrument and if the court satisfied under the suit he may order it delivered up and cancelled upon his discretionary power. Thursday, June 25, 2015 SRA 255 | Presentation of Cancellation of Instruments 4
5. ESSENTIAL ELEMENTS OF CANCELLATION OF INSTRUMENTS FOR FILING A SUIT Instrument must be in written; Instrument must be void or voidable; If the instrument is left outstanding may cause injury; The injury must be in serious nature; Discretionary power of the court; which declare it void or voidable and delivered up and cancellation. Thursday, June 25, 2015 SRA 255 | Presentation of Cancellation of Instruments 5
6. SCOPES OF CANCELLATION OF INSTRUMENTS Gift Deed Mortgage Deed Deed by Minor Suit for Possession Sale Deed Suit by person not partly to instrument Discretion Power of Court Prayer for Cancellation when unnecessary Limitation for filing a suit Thursday, June 25, 2015 SRA 255 | Presentation of Cancellation of Instruments 6
7. GIFT DEED A gift under the Muslim Law, which is unaccompanied by position is void-ab-inito. Otherwise any gift can not be cancelled after the immediate delivery of possession. But under the Section 39 of Specific Relief Act. 1877 a gift can be cancelled by the following reasons:  If the gift is void or voidable;  If left outstanding may cause injury;  Injury to the plaintiff or other by the gift;  The injury in serious nature;  If it is against public policy, etc.