Tuesday, 15 February 2022

Cancellation of instrument

Cancellation of instrument by Kalyani

The cancellation of an instrument can be done by the Civil Courts on request of a party to a transaction only after considering certain requirements. A suit for cancellation of an instrument filed by a party, shall be entertained only if any of the following requirements are met:

If the instrument against which the cancellation suit is filed by the party is void.

If the instrument against which a cancellation suit is filed by the party is voidable.

If the instrument against which a cancellation suit is filed has the potential to cause injury/harm to the party filing the suit.

If the party who has filed a suit for cancellation of an instrument is under reasonable apprehension of an injury being caused to him/her due to the performance of the instrument.

When the instrument whose cancellation is requested by the party has already caused enough damage/injury to the requesting party.

In the view of all the circumstances of the case, the Court must be satisfied that such cancellation of an instrument is reasonable and would serve justice to the parties coming to the courts for such claims.

If any of the above conditions/requirements are satisfied, then a person may successfully proceed with a suit for the cancellation of an instrument.


 

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