Suit for Cancellation of Instrument

IN THE COURT OF THE LEARNED CIVIL JUDGE / SENIOR CIVIL JUDGE, district

Civil Suit No. _____ of year For cancellation of instrument under Section 39 of the Specific Relief Act 1877

plaintiff_name, son/daughter of plaintiff_father, aged about plaintiff_age years, occupation: plaintiff_occupation, resident of plaintiff_address, holder of CNIC No. plaintiff_cnic ... Plaintiff

VERSUS

defendant_name, son/daughter of defendant_father, resident of defendant_address, holder of CNIC No. defendant_cnic ... Defendant

PLAINT FOR CANCELLATION OF INSTRUMENT WITH CONSEQUENTIAL RELIEFS

Suit valuation for the purposes of court fee and jurisdiction: Rs. suit_valuation. Court fee paid: Rs. court_fee_paid affixed on the plaint.

Respectfully sheweth:

1. That the Plaintiff is a person against whom the written instrument described in paragraph 2 below is void or voidable, and the said instrument, if left outstanding, may cause serious injury to the Plaintiff. The Plaintiff is therefore entitled to a decree of cancellation under Section 39 of the Specific Relief Act 1877.

2. PARTICULARS OF THE IMPUGNED INSTRUMENT: The instrument sought to be cancelled is more particularly described as follows. instrument_description. The said instrument is dated instrument_date, registered as document No. registration_number (where registered) at the office of the Sub-Registrar, sub_registrar. The instrument purports to instrument_purport.

3. PARTIES TO THE IMPUGNED INSTRUMENT: The instrument purports to have been executed by / between instrument_parties. The Plaintiff is shown as a party / is affected by the instrument in the manner described as follows: plaintiff_position_in_instrument.

4. SUBJECT-MATTER OF THE INSTRUMENT: The subject-matter of the instrument is described as follows: subject_matter_description, situated at subject_matter_location, having an estimated current market value of Rs. subject_matter_value.

5. CIRCUMSTANCES OF EXECUTION: The instrument is alleged to have been executed in the following circumstances: execution_circumstances_alleged. The Plaintiff denies / disputes these circumstances and asserts the true position as set out in the paragraphs that follow.

6. GROUNDS OF VOIDNESS / VOIDABILITY: The impugned instrument is void / voidable on the following grounds, taken without prejudice to one another: (a) want of consent or free consent of the Plaintiff; (b) fraud, misrepresentation, or undue influence; (c) want of consideration; (d) want of capacity / minority of the Plaintiff at the time of execution; (e) forgery of the Plaintiff's signature / thumb-impression; (f) violation of mandatory provisions of law including violated_provisions; and (g) any other ground that may be specifically pleaded: additional_grounds.

7. SPECIFIC GROUND PLEADED: In the present case, the Plaintiff specifically pleads that specific_ground_pleaded, supported by the documentary record / circumstantial evidence annexed. The instrument is therefore void ab initio / voidable at the option of the Plaintiff and not binding on the Plaintiff.

8. APPREHENSION OF INJURY: If the impugned instrument is allowed to remain outstanding, the Plaintiff faces serious and reasonable apprehension of injury in the form of apprehended_injury, including possible alienation of the subject-matter, encumbrance, dispossession, loss of legal status, or other harm that cannot be adequately compensated in damages.

9. NOTICE TO DEFENDANT: A formal written notice was served on the Defendant on notice_date, calling upon the Defendant to acknowledge the voidness of the impugned instrument and to surrender it for cancellation. The Defendant either failed to respond or, having responded, persisted in relying on the instrument. notice_response.

10. NO ALTERNATIVE EFFECTIVE REMEDY: The Plaintiff has no alternative effective remedy save by way of judicial cancellation of the impugned instrument. Mere repudiation of the instrument by the Plaintiff would not be sufficient to remove the cloud cast on the Plaintiff's rights, since the Defendant continues to act upon the instrument as if it were valid.

11. STATUTORY ENTITLEMENT: Under Section 39 of the Specific Relief Act 1877, any person against whom a written instrument is void or voidable, who has reasonable apprehension that such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or voidable, and the Court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.

12. REGISTERED INSTRUMENT - PROVISO: Where the impugned instrument has been registered, the Plaintiff prays that, in addition to cancellation, this Honourable Court may direct that a copy of the decree be sent to the registering officer concerned for noting of the cancellation in the relevant register, in terms of the proviso to Section 39 of the Specific Relief Act 1877.

13. CONSEQUENTIAL RELIEFS: As a consequence of cancellation of the impugned instrument, the Plaintiff is entitled to (a) restoration of any property delivered up under the impugned instrument; (b) refund of any consideration paid by the Plaintiff under the instrument; (c) permanent injunction restraining the Defendant from acting on the basis of the cancelled instrument; and (d) damages where applicable.

14. JURISDICTION: This Honourable Court has territorial and pecuniary jurisdiction to entertain the present suit, the cause of action having arisen wholly within the territorial limits of this Court / the subject-matter being situated within these limits, and the value of the suit being within the pecuniary jurisdiction of this Court.

15. LIMITATION: The present suit is filed within the period of limitation of three years prescribed by Article 91 of the First Schedule to the Limitation Act 1908, computed from the date when the facts entitling the Plaintiff to have the instrument cancelled became known to him.

16. NO PRIOR LITIGATION: There is no prior or pending litigation between the parties in respect of the impugned instrument before any other forum, save and except prior_litigation_disclosure. The Plaintiff has approached this Honourable Court at the earliest opportunity and with clean hands.

17. CAUSE OF ACTION: The cause of action accrued to the Plaintiff on knowledge_of_facts_date when the Plaintiff acquired knowledge of the facts entitling cancellation, and continues to subsist.

PRAYER

In view of the foregoing, the Plaintiff most respectfully prays that this Honourable Court, after hearing the parties and considering the evidence on record, may be pleased to:

(a) Pass a decree adjudging the impugned instrument dated instrument_date bearing registration No. registration_number to be void / voidable and not binding on the Plaintiff;

(b) Direct the Defendant to deliver up the original of the impugned instrument to this Honourable Court for cancellation;

(c) Direct that a certified copy of the decree be transmitted to the registering officer at the office of the Sub-Registrar, sub_registrar, for noting of the cancellation in the relevant register, in terms of the proviso to Section 39 of the Specific Relief Act 1877;

(d) Pass a consequential decree of permanent injunction restraining the Defendant, his agents, attorneys, and persons claiming through him, from acting upon, relying on, or making use of the cancelled instrument in any manner whatsoever;

(e) Award restoration / refund of consideration / restitution of any property delivered up under the impugned instrument as may be just in the circumstances;

(f) Award the Plaintiff costs of the suit; and

(g) Grant any other or further relief that this Honourable Court may consider just, fit, and proper in the facts and circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 17 of the above plaint are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ plaintiff_name Plaintiff Through: _____________________________ counsel_name Advocate