Parties to the instrument alone can file a suit
A suit for cancellation of an instrument can only be filed by a person who was a party in the execution of that instrument. A stranger to an instrument cannot sue for cancellation, under The Specific Relief Act, 1973.
If an instrument is being used by a party to the transaction causing or intended to cause the other party any harm, then the other party can approach the court for cancellation of the instrument.
Third party can sue for only a declaration
If a third party to an instrument has grievance relating to a void or voidable instrument, then he cannot sue for a decree of declaration of his right concerning the instrument or property in question, but he/she cannot file a suit for the cancellation of the instrument.
A plaintiff can seek a declaration that he is entitled to any legal character or to any right to any property if the defendant denies or is interested in denying his title to such a character or right.
Declaration should be combined with consequential relief too
Any person, who wants to declare his status as to any property, can file a suit for declaration of his status or right as per Section 34 of the Specific Relief Act.
Such declaration shall not be issued if the court finds that the plaintiff is able to seek further relief than a mere declaration, and omits to seek consequential relief other than the declaration.
The purpose of this provision is to prevent the multiplicity of suits by preventing a person from getting a mere declaration of right in one suit and then later seeking the remedy without which the declaration would be useless. Therefore, it is not permissible to claim the relief of declaration without seeking consequential relief in appropriate cases.
The court has ample discretion in ordering any declaration alone, if further consequential relief does not exist and is not sought for.
A void document need not be cancelled
An instrument which is void ab initio, it is not necessary to set it aside, as it is non est in the eye of law, says the Supreme Court in Prem Singh &Others v Birbal& Others [ 2006(2) KLT 863 SC].
An instrument which is null and void cannot be and need not be cancelled.
References
- Prem Singh &Others v Birbal& Others [ 2006(2) KLT 863 SC]
- The Specific Relief Act, 1973
