Inspector General of Registration, AIR 2020 Mad 248; The penalty may be imposed with intent merely to deter persons from entering into the contract or for the purposes of revenue or that the contract shall not be entered into so as to be valid at law. InState of Maharashtra Vs. Pravin Jethalal Kamdar,(2000) 3 SCC 460, it was held by the Supreme Court that merely for the fact that the plaintiff, besides the relief of possession, soughtdeclaration also is of no consequence, and that in such a case the governing article of the Schedule to the Limitation Act would be Article 65. Sultan Sadik v. Sanjay Raj Subba , AIR 2004 SC 1377, this Court took a similar view observing that once an order is declared non-est by the Court only then the judgment of nullity would operate erga omnes i.e. Civil Court can Examine Non-compliance of Law;Not, Civil Courts have jurisdiction to examine, where the provisions of the Act have not been complied with. 2(i) of the Indian Contract Act reads as under: An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a. Referred to by Kerala High Court in Sulochana Gupta v. RBG Enterprises Pvt. Fraud is an anathema to all equitable principles and any affair tainted with fraud cannot be perpetuated or saved by the application of any equitable doctrine. E.g. The sale consideration was shown as Rs.5,500/-. However, exceptions exist for minors who have served in the military and minors who are married. 955, as under: In Usman Kurikkal v. Parappur Achuthan Nair, ILR 2012-3 Ker 343; 2012 3 KHC 89, it is held as under: The Supreme Court observed in V. Kalyanaswamy v. L. Bakthavatsalam, 2020 3 RCR(Civ) 404; 2020 9 Scale 367, as under: If Title of Plaintiff (Auction Sale) is Nullity, Defendant need Not file a Substantive Suit. If a document is void then it cannot be sued upon and enforced but the aforesaid does not mean that other legal consequences of the document shall not follow. (4)In cases where facts can be stated to be admitted or indisputable, and only one conclusion is possible, the Court does not pass futile orders of setting aside or remand when there is, in fact, no prejudice caused. Fraud and deception are synonymous. In Hasham Abbas Sayyad v. Usman Abbas Sayyad, AIR 2007 SC 1077, our Apex Court held as under: Parties to a lis not to determine at their own that an Order of a Court is void. 1 who was an absolute stranger to the sale deed. If only patent and latent invalidity, or inherent lack of jurisdiction/competence, then only such a declaration is permissible. July 15, 2016). Provided that nothing in this section shall apply to non-joinder of a necessary party. The circumstances in which a public authoritys decisions can or have to be challenged can be usefully summarised: If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. (Muhammad Haji v. Kunhunni Nair, AIR 1993 Ker 104). We may, however hasten to add that a distinction must be made between a decree passed by a court which has, The policy underlying sections 21 and 99 of the Civil Procedure Code and section 11of the Suits Valuation Act is the same, namely, that when a case had been tried by a Court on the merits and judgment rendered, it should, It is a fundamental principle well established that a decree passed by a Court, In the case of Ittyavira Mathai v. Varkey Varkey and another, AIR 1964 SC 907, the question which fell for consideration before this Court was if a Court, having jurisdiction over the parties to the suit and subject matter thereof passes a decree in a suit which was, The core question is as to whether an order passed by a person lacking inherent jurisdiction would be a nullity. Ltd. dt. It could be ignored. A will has not been dated. Gangabai v. Smt. It is observed in Swapnanjali Sandeep Patil v. Sandeep Ananda Patil, 2019 AIR SC 1500, that No period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being nullity/void marriage, under Section 24 of the Act and that once the marriage is found to be void the same is a nullity and at any time the same can be declared as null. Not necessary to bring an independent suit for setting it aside. Analysing previous judgments it is observed inState of UP Vs. Sudhir Kumar Singh, 2020 SCC OnLine SC 847, that the following are the tests to determine the non-observance of natural justice: Natural justice isnot applied in a vacuumwithout reference to the relevant facts and circumstances of the case. The distinction is that in the former class one has only to look and see what acts the statute prohibits; it does not matter whether or not it prohibits a contract: if a contract is made to do a prohibited act, that contract will be unenforceable. & Anr. If it is not done the party concerned is loses his chance. Kewal Krishan filed two separate suits. v. Gurdev Singh, AIR 1991 SC 2219. Oral evidence is admissible in law for that purpose. Such a declaration is permissible if the court comes to the conclusion that the author of the order l, 45. A void document is not necessarily 'non-est'. In the above view, I am fortified.is no order in the eye of law and can be challenged at any time. InC. Natrajan v. Ashim Bai,(2007) 14 SCC 183, the Apex Court held that in the suit which has been filed for possession, as a consequence of declaration of the plaintiffs title, Article 58 will have no application. . "Oh no, it has not been signed as a deed" If a document has not been correctly executed as a deed, it may still take effect as a 'simple' contract provided that: the requirements for execution as a 'simple' contract have been met; there is no legal requirement for the contract to be made as a deed; and Even though these documents can be used as . (LogOut/ That a void or voidable instrument of transfer or instrument governing the relations between two or more persons, cannot be enforced, is recognized in common law. Therefore,the relief of declaration alone appears to be not the criterion for prescribing the period of limitationbut the subject-matter of the suit in respect of which the declaration is sought for, appears to be germane for consideration., 13. In these circumstances, this Court held (vide para 21): The above decisions appear to be based on the principle that a person in his capacity as a defendant can raise any legitimate plea available to him under law to defeat the suit of the plaintiff. Ranga-nayak-amma v. K.S. It is of no legal effect. Even when a tribunal is provided for reddressal of remedies, the civil courts will have jurisdiction to examine the allegation ofnon-compliance of the provisions of the statuteor of any of the fundamental principles of judicial procedure. While buying a house, the real estate agent will have a notary present while signing the documents. It bears no brand of invalidity on its forehead. . it is permissible to a party to a deed to contend that the deed was not intended to be acted upon, Cancellation of Sale Deeds, Settlement Deeds and Trust Deeds & Powers of Sub-Registrar in RegisteringDeeds, Oral Evidence on Contents of Document, Irrelevant, UNDUE INFLUENCE and PLEADINGS thereof in IndianLaw, Law on Summons to Defendants andWitnesses, Recovery of Possession Based on Title and on EarlierPossession, INJUNCTION is a Possessory Remedy in IndianLaw, Will Probate and Letters ofAdministration, Doctrine of Right to be Forgotten in IndianLaw. It will be sufficient to resort to appropriate proceeding, for avoiding the same, before a court of law. In Secretary of State v. Mask & Co. (AIR 1940 PC 105) it was held as under: In Dhulabai v. State of M.P. [See: Placido Francisco Pinto v. Jose Francisco Pinto, 2021 SCC OnLine SC 842. Often, it violates fairness or public policy. You are authorized to write any document that can be recognized as valid and enforceable in a court of law as long as it follows any statutes and is valid and legal. Kerala High Court in A. Baiju Vs. Sasidharan, Decided on July 30, 2019, it is observed as under: Statute imposing Penalty Effect on Validity of Contract. The ability to challenge an unlawful decision can be contentious, particularly where the challenge arises at a relatively late stage. In the latter class, one has to consider not what act the statute prohibits, but what contracts it prohibits. Prepositions as to Questioning a Deed Where One is NOT a Party: Where one person is not a party to a deed, following propositions can be laid down: PART IVoid, Voidab initioand Voidable. The right over an immovable property will get extinguished as can be seen from Section 27 of the Act only after the expiry of the period prescribed for filing the suit for possession as per. It is obvious thatArticle 58 is in the nature of residuary provisionamong the declaratory suits. The grounds taken by the appellant - that the issues raised had been decided by the decree of the Trial Court in OS No. A contract is null from the beginning if it seriously offends law or public policy in contrast to a contract which is merely voidableat the election of one of the parties to the contract. "Although there formerly was a conflict of authority with respect to the proof of jurisdiction or the lack of jurisdiction, the Supreme Court has declared that one who claims that the power of the court should be exercised in one's behalf must carry throughout the litigation the burden of . Sec. 141.). held as under: A void deed can be ignored and seek partition. In the alternative, a prayer was made for passing a decree for possession. Referred: Smt. In State of Punjab & Ors. (Referred to in Surta Singh Vs Pritam Singh,AIR 1983 P&H 114 : (1983) 1 ILR (P&H) 344 (FB), Transfer by Sister Ab-initio void, not required to be set aside by filing a suit, In Madhegowda v. Ankegowda, (2002) 1 SCC 178. it is held by our Apex Court as under, When a person is NOT PARTY to a Suit or a Document, No Need to Annul. JT 2006 (1) SC 19. vs. Girdhari Lal Yadav [(2004) 6 SCC 325]; (3) State of A.P. (Vide: Meghmala v. G. Narasimha Reddy, (2010) 8 SCC 383). In Narayan v. Babasaheb, (2016) 6 SCC 725, our Apex Court has observed as under: VOID does not mean absolutely null and void for everything. The Apex Court held as under: Read Blog (Click): Declaration and Injunction, Where title claimed by plaintiff is a nullity, Need not be Challenged. [(2003) 8 SCC 319]. 31 of the Foreign Exchange Regulation Act, 1973 (FERA) that that when a foreign citizen acquire or hold or transfer or dispose of Immovable Property in India, he must have obtained the prior permission for the same from the Reserve Bank of India.was mandatory or only directory. In re Mayfield, 2016 WL 3958982, No. Transfer of Property with Conditions & ContingentInterests, FERA, 1973 And Transfer of Immovable Property by aForeigner, Marumakkathayam A System of Law and Way of Life Prevailed inKerala, Land Tenures, and History of Land Derivation, inKerala, Registration of Documents Executed out ofIndia. In State of Kerala v. M.K. It is laid down as under: No Period for Declaration, for Void Marriage. Sec. On due 6. appreciation of evidence on record, the appeal came to be dismissed by the . Find out more about Lexology or get in touch by visiting our About page. This . And further, that the, 46. If she cannot succeed in proving her title, the suit must fail notwithstanding that the defendant in possession may or may not have title to the property. Copyright 2006 - 2023 Law Business Research. Also See: Anita International v. Sugar Works Mazdoor Sangh, 2016-9 SCC 44. 1999). The Court held as under: In Chief Engineer Hydel Project v. Ravinder Nath, AIR 2008 SC 1315, it was held that the civil court had no jurisdiction to decide the dispute of termination of service of a workman as the labour Court alone had the jurisdiction with respect to the same. Ltd. etc, AIR 1997 SC 1240; M. Meenakshi & Ors. (2) it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do; or unless; (3) it is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits. By the impugned judgment the High Court has found that in the absence of registration and not being stamped the documents were inadmissible. Or, it cannot be determined by the parties. In Asha John v. Vikram Malhotra, AIR 2021 SC 2932, our Apex Court considered whether the requirement in Sec. Title deed conveys no title can be ignored. 12. v. Hind Rubber Industries Pvt. If there is an error in the document you sent, such as an inadvertent omission of essential information, or if you simply no longer wish it to be signed, then you are allowed to void it to halt the signing process before all signing parties involved complete your document. In our opinion, even a void order or decision rendered between parties cannot be said to be non-existent in all cases and in all situations. (a) by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights; or, (b) which extinguishes the rights of any party thereto, or discharges any party thereto, from any liability, under or in respect of any contract on the expiry of a specified period so as to restrict any party from enforcing his rights, is void to the extent.]. The delivery of the deed to the third party with instructions to deliver the deed to the grantee on the owner's (grantor's) death is considered constructive acceptance by the grantee - even though the deed's existence was then unknown to the grantee. In each of these cases, the consideration or object of an agreement is said to be unlawful. In State of Kerala v. M.K. In other words, an order passed by a Court having no jurisdiction, had subsisted for six years. In other words, if a tribunal abuses its power ordoes not act in conformity with the Act, but in violation of its provisions(Firm Seth Radha Kishan v. Ludhiana Municipality AIR 1963 SC 1547), the jurisdiction of the civil court will not be excluded (Srinivasa v. State of A.P., AIR 1971 S.C.71). InS. Krishnamma v. T.S. Step 3: From the options available, select 'Partition Deed' option. See: Prem Singh v. Birbal -(2006) 5 SCC 353; 2014 (3) KLJ 55. No order under section 47 to be refused or modified unless decision of the case is prejudicially affected, instituted the-suit before the Rent Controller in mistake, fact that the building was outside the ambit of the Act. (Referred to in Mohinder Singh Verma v. J P S Verma, 2015 AIR(CC) 3043). The Supreme Court held as under: With respect to jurisdiction of courts, it is held in Harshad Chiman Lal Modi v. DLF Universal Ltd., AIR 2005 SC 4446, as under: No Jurisdiction, and No Territorial or Pecuniary Jurisdiction & Prejudice. A document which is void need not be challenged by claiming a declaration as the said plea can be set up and proved even in collateral proceedings. (2006) 7 SCC 470; and. Updated November 23, 2020: Enforceability of a contract is when someone can be compelled to observe or forced to obey. (iii) Jurisdiction over the subject matter. It is settled legal proposition that even if an order is void, it requires to be so declared by a competent forum and it is not permissible for any person to ignore the same merely because in his opinion the order is void. An invalid order necessarily need not be non est; in a given situation it has to be, Sultan Sadik v. Sanjay Raj Subba, AIR 2004 SC 1377, Referred to in Inderjit Singh Grewal v. State Of Punjab (2011) 12 SCC 588, A party aggrieved by an invalid, void or ultra vires order, he has to approach the court for the relief of. followed in (2) Vice Chairman, Kendriya Vidyalaya Sangathan & Anr. 11. v. Hind Rubber Industries Pvt. Become your target audiences go-to resource for todays hottest topics. vs. Neeraj Awasthi & Ors. It also means something has the capacity to be enforced. This would also include the plea that the sale deed by which the title to the property was intended to be conveyed to the plaintiff was void or fictitious or, for that matter, collusive and not intended to be acted upon. Viswajith: 2009 (4) KLT 840it is held that Article 58 is not applicable for declaration that is sought only as an ancillary relief. The United States Trustee argued that DocuSign did not constitute an original ("wet") signature as required under the applicable bankruptcy and local rules. In Krishnadevi Malchand Kamathia v. Bombay Environmental Action Group, AIR 2011 SC 1140; (2011) 3 SCC 363 , it was held as under: In Anita International v. Sugar Works Mazdoor Sangh, 2016-9 SCC 44 our Apex Court held as under: Civil Court can Examine Non-compliance of Law;Not,Erroneous Orders. It was contended from the part of the (original) plaintiff that the sale proceedings could be challenged only by way of a substantive suit, and that the High Court was right in characterising the challenge to the suit by the defendant as a backdoor method. In Sultan Sadik v. Sanjay Raj Subba & Ors., AIR 2004 SC 1377, this Court took a similar view observing that, In Anita International v. Tungabadra Sugar Works Maz. If it is clear that a penalty is imposed by statute for the purpose of preventing something from being done on some ground of public policy, the thing prohibited, if done, will be treated as void, even though the penalty if imposed is not enforceable., (Quoted in: Asha John vs. Vikram Malhotra, Setting aside the decree passed by all the Courts and referring to several cases, this Court held that if the party aggrieved by invalidity of the order intends to approach the Court for declaration that the order against him was inoperative, he, 16. In the light of these legal principles it was found in, M. Meenakshi v. Metadin Agarwal,2006-7 SCC 470; Quoted in Inderjit Singh Grewal v. State Of Punjab (2011) 12 SCC 588. CreateObject("Word.Application").ActiveDocument.SaveAs2 Filename:="joseph.docx" 'etc should be . The other sale deed was executed by Sudarshan Kumar in favour of his wife in respect of remaining part of the suit properties. Local authorities Other public bodies such as universities and NHS Trusts. l, who was in possession, could justify his possession by urging the nullity of sale transaction between the plaintiff and defendant No. Cancellation of Sale Deeds and Settlement Deeds & Powers of Sub-Registrar in RegisteringDeeds, Can an Unregistered Sale Agreement be Used for SpecificPerformance. (AIR 1969 S.C. 78), it is held as follows: See Blog: Courts Jurisdiction to Interfere in the Internal Affairs of a Club orSociety. Step 2: On the homepage you will se the 'Deed Writer' option. 12. Fraud, forgery, and undue influence are all grounds for challenging a will. 80/98(3/99). 103/2007 and affirmed on appeal by the High Court - were the defence of the appellant. Long v. Shorebank Development Corp., (182 F.3d 548 (C.A. (3)No prejudice is caused to the person complaining of the breach of natural justice where such person does not dispute the case against him or it. The Supreme Court, in Prem Singh v. Birbal, AIR 2006 SC 3608, it was held that where a suit is filed for cancellation of a transaction on the ground of coercion, under influence or fraud,Article 59of the Limitation Act would apply. There, the bankruptcy attorney submitted various documents, which the debtor had signed using DocuSign. The party rescinding avoidable contract shall, if he have received any benefit thereunder from another party to such contract, restore such benefit, so far as may be, to the person from whom it was received. It is an arrangement of division of a specific property among members of the family based on a settlement where the members derive no new benefit except specific assignment of their already owned common property. Such an order can be challenged at any time. There are instances where it is not permissible for a party to treat the judgment and order as null and void without getting it set aside from the competent court, such as: When Declaration Sufficient; Need NOT be Set Aside, Nullity can be raised in Execution or in Collateral proceedings. In appeal, it was contended that there was no evidence adduced to show that the purchasers under the sale deeds dated 10th April 1981 had paid consideration to Sudarshan Kumar, and that the minor sons of Sudarshan Kumar and his wife had no source of earning. 7 III. (See St. John Shipping Corporation v. Joseph Rank [(1957) 1 QB 267].) 2021 (2)TVT 570 (SC) Real estate papers are the most common documents that need a notary. However, this plea is tough to prove. For setting aside such an order, even if void, the party has to approach the appropriate forum. (See also Halsburys Laws of England, 3rd Edn., Vol. Foreign Divorce Judgment against Christians having IndianDomicile, SABARIMALA REVIEW and Conflict in Findings between Shirur Mutt Case & Durgah CommitteeCase, Mannalal Khetan v. Kedar Nath Khetan, AIR 1977 SC 536; (1977) 2 SCC 424, Prohibition and negative words can rarely be directory. pleadings in the plaints as originally filed that the sale deedswere void. The civil courts which are courts of general jurisdiction can decide whether a tribunal or authority exercising statutory jurisdiction hasacted in excess or beyond the statutory powers. Cancellation of documents is dealt with under Sections 31, 32 & 33 of the Specific Relief Act, 1963. Document which is void need not be challenged by claiming a declaration as said plea can be set up and proved even in collateral proceedings. Define VOID DOCUMENT. InAshok Kumar v. Mohd. A family settlement deed cannot be used to transfer a property to a person who has no interest or share in the property. are. State of Punjab & Ors. The consideration or object of an agreement is lawful, unless. It should exist as a matter of fact, or be based upon a definite inference of likelihood of prejudice flowing from the non-observance of natural justice., In our view the principles of natural justice know of no exclusionary rule dependent on whether it would have made any difference if natural justice had been observed. 3:Common Law of CLUBS and SOCIETIES in India, Book No. ), AIR 2005 Mad 405, it is observed as under: In Noorul Hoda v.Bibi Rafiunnisa, 1996 (7) SCC 767, our Apex Court held as follows: In such cases the plaintiff need not pay Court Fee for cancellation of a deed; it will be sufficient to pay the fee for declaration. In Sukhlal v. Devilal, 1954 RajLW 136, Wanchco C.J. The court also observed that a document which is void need not be challenged by claiming a declaration as the said plea can be set up and proved even in collateral proceedings. In the enforcement context this includes questioning the validity of notices when they are being enforced or the planning conditions which underlie the enforcement action. In Subhas Mahadevasa Habib v. Nemasa Ambasa Dharmadas, AIR 2007 SC 1828, it is held as under: Decision on a Labour Dispute by a Civil Court and pronouncement on a civil matter by the Rent Controller are the common examples of lack of subject-matter jurisdiction. But, under the first proviso to Section 92 any fact that may invalidate any document, such as fraud, intimidation, illegality, want of due execution can be led into evidence. . no jurisdiction in regard to the subject matter of the suit. It was held by the Apex Court in Kewal Krishnan v. Rajesh Kumar 2021 SCC OnLine SC 1097, that a void deed (for no consideration paid in a sale deed) need not be challenged by claiming a declaration; and that a plea thereof can be set up and proved even in collateral proceedings. Relying on State Bank of Patiala Vs. SK Sharma (1996)[4]and Rajendra Singh Vs. State of MP (1996)[5]the Court held that principle of law was that some realprejudice must have been causedto the complainant. The non-, As regards the contention of the plaintiff that the transactions between himself, Auto Finance and the defendants were a sham, it is, I think, necessary to consider what, if any, legal concept is involved in the use of this popular and pejorative word. Where one person is not a party to a deed, following propositions can be laid down: Read Blog (Click): Cancellation of Sale Deeds, Settlement Deeds and Trust Deeds & Powers of Sub-Registrar in RegisteringDeeds, VOIDABLE Transaction Declared or Set Aside Before Seeking Substantive Relief. (See in this connection:Brahma Nand Puri v. Neki Puri, [1965] 2 SCR 233 at p. 237)., The other type of void act, e.g., may be. While deciding the said case, this Court placed reliance upon the judgment in Smith v. East Ellore Rural District Council, [1956] 1 All ER 855 wherein Lord Radcliffe observed:-, An order, even if not made in good faith is still an act capable of legal consequences. Yes, it needs to be signed by the people making the agreement or representatives authorized to make the agreement on a company's behalf. It is clear and well established law that a void order can be challenged in any court", OLD WAYNE MUT. Rustam,2016 SCC OnLine Del 466: MANU/DE/0197/2016CS (OS) 3195/2012, it was held as under: InAshok Kumar v. Gangadhar,2007 (2) ALD 313, 2007 (3) ALT 561 ,it is held as under: It is held inMechineni Chokka Rao v Sattu Sattamma,2006 (1) ALD 116, as under: Declaration on VOID character of document Limitation governed by consequential relief. 16-22134-D-7 (E.D. The High Court held that the suits for declaration of invalidity of the sale deeds were barred by limitation as the said prayers were belatedly incorporated on 23rd November 1985. A suit for declaration will be sufficient. Gram Panchayat of Village Naulakha v. Ujagar Singh,AIR 2000 SC 3272. In the present matter, the petitioner challenged the validity of a show-cause notice issued by the District Magistrate, the second respondent. A distinction is sometimes made between contracts entered into with the object of committing an illegal act and contracts expressly or impliedly prohibited by statute. In Pune Municipal Corporation v. State of Maharashtra, 2007 AIR SC 2414; 2007 5 SCC 211, it is held as under: Cancellation of a transaction on fraud (voidable transaction). It is held as under: NATURAL JUSTICE: Sea Changein Application Treating an Order Nullity. Scrutiny Committee, SC & ST Ors. Penalties are imposed by statute for two distinct purposes: (1) for the protection of the public against fraud, or for some other object of public policy; (2) for the purpose of securing certain sources of revenue either to the State or to certain public bodies. 2. this agreement or a Loan Agreement is or becomes wholly or partly (in a material part) void, voidable or unenforceable, or is claimed to be so by Ansexx xx a Borrower or by anyone on behalf of Ansexx xx a Borrower and with its authority, and alternative documents or other arrangements acceptable to PDH have not been . It need not be set aside, The Supreme Court held in Mrs. Umadevi Nambiar vs Thamarasseri Roman Catholic Diocese (2022-3 Ker HC 113 SC ). Answer: This issue has been dealt with in the Indian Stamp Act, 1899. Kunhikannan Nambiar, AIR 1996 SC 906, it is held as under: Void act or transaction: When No declaration needed. The notary's stamp will give the documents proof of . State of Punjab v. Gurdev Singh, Ashok Kumar, AIR 1991 SC 2219, (1991) 4 SCC 1. [(2005 (8) SC 283]; (6) Chief Engineer, M.S.E.B. In Vidyadhar v. Manikrao and Anr., [1999] 3 SCC 573, the plaintiff had filed a suit on the basis of a sale deed executed by D-2 in his favour and sought the relief of possession of the property from defendant no. See also: R. Ganapathi Vs. When a contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented; and he is entitled to compensation from the other party for any loss which he may sustain in consequence of the nonperformance of the contract. It is observed that such a suit must be filed with three years from the date of passing of order or when departmental appeal or revision is filed from the date of dismissal of such appeal/revision, according to the provisions of Article 113 of the Limitation Act, 1963,.
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void document need not be challenged
