...there would be no need for sec. 31, Specific Relief Act. That section gives a remedy by which a document, by reason of fraud or mutual mistake, can be corrected...by sec. 31, Specific Relief Act. That being so, it seems to the that nothing in sec. 151 can avail the assignee-decree-holder to obtain correction of the mortgage-deed w...Roy A.I.R 1952 Cal. 86 and both the cases cited above were relied upon. Sec. 31 of the Specific Relief ...

...TO COMPLY WITH THE ORDER DATED 03.02.2016 PASSED ON I.A. UNDER SEC. 31 OF SPECIFIC RELIEF ACT R/W 151 OF CODE OF CIVIL PROCEDURE, AT ANNEXRURE-C OF THE WRIT...

...Sec. 31 of the Specific Relief Act. According to court below, the relief to be granted is to set aside a document and the court fee has to be paid under .... 50,000/-. The transfer is in fraud of creditors and it is not binding on the creditors. The suit was filed under Sec. 53 of the Transfer of Property Act.2. As...executed in fraud of creditors and therefore not binding on the creditors under Sec. 53 of the Transfer of Property Act. Hence the petitioner filed I.A 4220/97 to amend the...

...a note in their register. To have a document adjudged void or void-able is provided for under Sec. 31 of the Specific Relief Act and cannot be considered to be altogether...provisions of the U.P. Zamindari Abolition and Land Reforms Act (U.P. Act No. 1 of 1951), hereinafter called 'the Act', on the basis that the same is void as it was executed...unfortunately the controversy continues to rage. The controversy centres round interpretation of section 331 of 'the act'. 2. In Ram Awalamb's case (supra) the Full Bench observed at...

...Specific Relief Act, 1963, then under S. 35 such a decree will not be binding on Dunialal who was a stranger to the suit. The statute makes the position clear. On the facts and circumstances of this case, is Dunial...is also not fulfilled. Hence no relief can be given to the plaintiff under S. 31 of the Act. In my opinion, the plaintiff has no right to invoke S. 31 of the Specific Relief ...suit cannot be treated as a suit under Section 34 of the Act. It is a suit filed under Chapter IV Sec. 31 of the Specific Relief Act and I have already held that such a ...

...transaction as provided in sec. 31 of the specific relief act, 1963. It would not be open to him to dispute the validity of the transaction in what is popularly known as the rts proceedings. I think...and the sale transaction in favour of the petitioner was hit by sec. 54 of the saurashtra gharkhed. Tenancy settlement and agricultural laws ordinance act, 1949 (the ordinance for brief.... (3) Respondent no. 3 set aside the entry at annexure - a to this petition on the ground that no notice under sec. 135 - d of the code was given to the deceased before effecting the mutation...

...:- "11. For the said relief, the complainant has to approach the proper Civil Court by filing a Civil Suit U/Sec. 31 of Specific Relief Act for cancelling the Sale D...Protection Act, 1986 which mentions that the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. A person who applies...

...holding otherwise and setting aside the order of the trial Court.6. On the other hand, learned counsel for the respondents has submitted that Sec tion 31 of the Specific...Specific Relief Act can only be entertained by a civil Court. Hence a suit claiming relief of cancellation of a document whether ‘v...Relief Act provides for cancellation of void as well as voidable documents. Suit claiming relief provided under the...

...arise when there is a valid execution of a document. A party to document can seek a relief of cancellation. Under Sec.31 of the Specific Relief Act, a registered written document can be adjudged a...other ground on which a contract could be vitiated. There must be specific pleading in regard to factors which would vitiate a contract. The pleadings as such would go to show that the appellant... grounds to canvas the document is void or voidable, the Court cannot grant relief for cancellation of a registered document. Though the Family Court went on in examining the case in...

...Executive Officer invested with a quasi judicial function and that cannot. bar a suit under Sec. 31 of the Specific Relief Act, 1963 for the cancellation of the document...Registrar has done. In Sec. 31 of the Specific Relief Act, 1863, a provision for cancellation of a written instrument by the civil Court is given to have the written instrument...case refused to register the documents under Sec. 73(1) of the Indian Registration Act (hereinafter referred to as “The Act”). The appellant applied to the District Registrar...

... partition deed dated 02.11.2021 (Doc.No.3100/2021) in compliance with Sec.31(2) of the Specific Relief Act, 1963 r/w Rule 89 of...removal of the entry. The representation was refused to be acted upon on the ground that this Court had declared Section 77-A, 77- B and 68(2) of the Registration Act as unconstitutional.... 5. In the considered view of this Court, the first respondent was not approached for cancelling any document and the first respondent was only requested to act upon the...

....13. Section 31 of the Act (corresponding to Sec.39 of the Specific Relief Act, 1877 - for short, “the old Act”) states:“31. When cancellation may....10. Learned Senior Advocate for respondents 1 and 2 has contended that appellant is not entitled to get Ext.B1, assignment deed cancelled. Under Section 31 of the Specific Relief Act, 1963...the document could not seek relief under Sec.31 of the Act as the document is neither void nor voidable against him and as such document even if left outstanding is not capable of causing any injury...

...decree is contract between the parties and suit for adjudging it void and/or setting aside a decree on the ground of its having been obtained through misrepresentation or fraud lies under sec. 31 of the specific ...on 31. 10. 81. It is after three years that the plaintiff filed this suit for setting aside the decree passed on 31. 10. 81 on the ground that the compromised was not read over to the plaintiff and...rule 3 of order 23 cpc, an agreement or compromise which is void or voidable under the indian contract act may be taken to be unlawful and, therefore, the word `lawful' should be...

...be barred by Sec. 49 of the LLP. Consolidation of Holdings Act. But in this case the scope of Sec. 31 of the Specific Relief Act, Sub-clause ...Section 31 of the Specific Relief Act. According to it three conditions are pre-requisite for the exercise of jurisdiction to canc...Abolition and Land Reforms Act.12. The scope of Section 31 of the Specific Relief Act and bar of Section 331 of ths U.P Zamindari Abolition and Land Reforms ...

...from Sec. 31 of the Specific Relief Act (in short, “the Act”). The essential ingredients of Sec. 31 of the Act are (a) any person against whom a written instrument is vo...;b. Whether the present suit is liable to abate under Sec.4(4) of the Act in view of the fact that the actual relief sought for in the present suit can be granted by the consolidation authorities...into force of the Hindu Succession Act, 1956 (in short, ‘Act’), she became the absolute owner under Sec. 14 of the Act...

...Specific Relief Act are entertainable only by a civil Court and no revenue Court or any other Court can entertain such a suit including for...the compromise decree to the Sub-Registrar, Marredpally, as required under Section 31(2) of the Specific Relief Act, to make necessary endorsement of cancellation of the..., Secunderabad, as required under Section 31(2) of the Specific Relief Act, to make necessary endorsement of cancellation of the agreement of sale-cum-GPA dated 1.22006 in the...

...relief provided under Specific Relief Act are entertainable only by a civil Court and no revenue Court or any other Court can ente...copy of the compromise decree to the Sub-Registrar, Marredpally, as required under Section 31(2) of the Specific Relief Act, to make necessary endorsement of cancellation of...Section 31(2) of the Specific Relief Act as per Condition No. 4 of the joint memorandum of compromise. The Decree Holders filed the execution petition to redeliver the entire property in...

...of civil nature are cognizable by a civil Court and even otherwise suits claiming relief provided under Specific Relief Act are en.... 4. A copy of the decree be sent to the Sub-Registrar, Marredparly, Secunderabad as required under Section 31(2) of Specific Relief Act to make necessary endorsement ..., Marredpally, as required under Section 31(2) of the Specific Relief Act, to make necessary endorsement of cancellation of the agreement of sale-cum-GPA, dated 1.2.2006 in the...

...to point out that sec. 31 of the Specific Relief Act provides that an instrument can only be rectified when the rights acquired by a third person in good faith and for value.... 31 of the Specified Relief Act for (1) a rectification of the boundaries of the mortgaged property in mortgage-deed dated 1.4.46, (2) a rectification of the boundaries of the mortgaged...Jagat Narayan, J.:— This is an appeal by the plaintiffs against a decree of the Senior Civil Judge, Jodhpur, dismissing a part of their claim in a suit brought under sec...

...court, the order has become final. Referring the Sec. 31 of the Specific Relief Act, he has can-tended that only the civil court has jurisdiction to cancel the sale-deed. He.... The facts of the case are that the plaintiff Dau Dayal and Shobha Ram brought a suit u/Sec. 229-B/209 of the Act against Dan Singh and others with the contention that plot No. 37/2-9-0 situate in...principle of res-judicata. He has totally lost sight of the ingredients of res-judicata contemplated u/Sec. 11 C.P.C10. Now, the question is what relief the plaintiff is entitled. The...