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.
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.
