How and under what circumstances a Court may cancel an instrument
1. Introduction
Substantive laws generally provide remedies for instance; the law of contract provides the remedy of damages for breach of contract. Although the Specific Relief Act is a procedural law, yet it is based on rules of justice, equity, and good conscience. Therefore, it provides various kinds of specific relief or equitable remedy against violation of legal rights. Cancellation of instruments is one of these kinds of specific relief or equitable remedy.
2. Relevant Provisions
Sections 39 to 41 of the Specific Relief Act, of 1877 deal with the cancellation of the contracts.
3. Definition of Cancellation of Instruments
According to the Specific Relief Act, if a written document is void or voidable due to some reason and any person, who has a reasonable apprehension that this document is against him and can cause serious injury to him especially if such document is left outstanding, this person can sue for cancellation of such document. This is called cancellation of Instruments.
4. Nullifying a Document
Cancellation of instruments is nullifying documents.
5. Kinds of Cancellation of Instruments
There are two kinds
(a) Complete Cancellation of Instruments
Under the specific Relief Act, the court has the discretion to adjudge an instrument, to order it to be delivered and canceled. It reveals that complete cancellation of instruments has been provided in law.
(b) Partial Cancellation of Instruments
According to the specific Relief Act, the court can cancel an instrument in part and can allow the performance of its remaining part. It reveals that partial cancellation of instruments has also been provided in law.
6. Grounds for Cancellation
Followings are considered grounds for cancellation of instruments or the following circumstances under which instruments can be canceled.
(a) Void or Voidable Instrument
A ground for cancellation of instruments is that a written instrument should be void or voidable against any person.
(b) Causing of Injury
Another ground for cancellation of instruments is that if an instrument is left outstanding, it can cause injury to the person against whom the instrument is void or voidable.
(c) Apprehension of Serious Injury
Among grounds for cancellation of instruments, a ground is that there should be apprehension of serious injury due to a written instrument.
7. Instruments that can be canceled
The following instruments can be canceled:
(a) Written Instrument
When an instrument is written and the same is void or voidable against any person and can cause serious injury to such person, this written instrument can be canceled.
(b) Registered Instrument
A registered instrument can be canceled. However, the court must send a copy of its decree regarding the cancellation of the registered instrument to that officer, in whose office the instrument has been registered and such officer should note the fact of cancellation on that copy of the instrument, which is present in his books.
(c) Unregistered Instrument
An unregistered instrument can also be canceled. However, the court must send a copy of its decree regarding the cancellation of the unregistered instrument to the officer, in whose office the instruments are registered.
(d) Void Instrument
An instrument, that is void against any person and can cause apprehension of serious injury to the person, can be canceled.
(e) Voidable Instrument
An instrument, that is voidable against any person and can cause apprehension of serious injury to the person, can be canceled.
(f) Unconstitutional Instrument
An instrument, that is unconstitutional, can also be canceled.
8. Instruments that can be partially canceled
When the instrument is evidence of different rights or different obligations, the court can cancel it in part and allow the performance of its remaining part.
9. Conclusion
To conclude, it can be stated that cancellation of instruments is a discretionary relief. To avail of such kinds of discretionary relief, the plaintiff is under a burden to prove that some instrument or any part of it is void or voidable against him and can cause serious injury to him.