BASIC PRE-REQUISITES FOR FILING A SUIT FOR CANCELLATION OF AN INSTRUMENT

INTRODUCTION

Very often parties enter into some arrangement by signing some documents or the other. However, there are instances where the said document may sometimes be procured by placing a party to it into some sort of deceit, so that the very intention of the document for which it has been entered become frustrated. Also, there is a situation where a person being the rightful owner of a piece of land comes to know that some other person is trying to interfere in its peaceful possession by portraying some other documents which might have been created through exercise of fraud. In such cases, the rightful owner can go to the court of law seeking the declaration that the documents in possession of the party in fraud may be declared as null and void.

Now in order to seek the relief of such a sort as discussed above, two type of situations might commonly arise:-

A. WHERE THE PARTY SEEKING CANCELLATION IS A PARTY TO THE SAID INSTRUMENT

B. WHERE THE PARTY SEEKING CANCELLATION IS NOT A PARTY TO THE SAID INSTRUMENT

In first scenario, since the party seeking the relief for declaration/cancellation is a party to the contract/agreement, in such a case, the party coming to the court might seek the relief of cancellation of the said instrument by paying the court fee in proportion to the valuation of the said instrument which is sought to be cancelled.

in second scenario, since the party seeking relief is a third party to the contract/agreement, in such cases mere seeking of the relief of declaration is sufficient without paying the court on the value of the instrument which is sought to be declared as null and void.

CONCLUSION

Such type of cases are generally coupled with the relief of injunction which is sought by paying the fixed court fee as per rules.

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