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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Specific Relief Act, 1963 · Chapter V: Cancellation Of Instruments

Section 31 Specific Relief Act: When cancellation may be ordered

Bare Act text

31. When cancellation may be ordered.—(1) Any person against whom a written instrument is void or voidable, and 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.

(2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.

Text of the Specific Relief Act, 1963 (Act No. 47 of 1963), as amended up to the Specific Relief (Amendment) Act, 2018. Source: India Code, Government of India.

In simple words

Under sub-section (1), a person against whom a written instrument is void or voidable can sue to have it so adjudged. He must reasonably apprehend that leaving it outstanding may cause him serious injury. The court may, in its discretion, adjudge it void or voidable and order it delivered up and cancelled. Under sub-section (2), the instrument may be registered under the Indian Registration Act, 1908. The court must then send a copy of its decree to the registering officer. That officer notes the cancellation on the copy in his books.

Chapter V: Cancellation Of Instruments

  1. 31 When cancellation may be ordered
  2. 32 What instruments may be partially cancelled
  3. 33 Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable