(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 (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.
Legal Commentary & Landmark Judgments: Section 31
Section 31 of the Specific Relief Act, 1963 governs the equitable remedy of cancellation of written instruments that are void or voidable, where a party has reasonable apprehension of serious injury.
Upon decree, the court directly notifies the Sub-Registrar to record cancellation in the register.
Cancellation under Section 31 is an offensive, protective remedy designed to remove a dangerous document circulating in commerce. The plaintiff must establish: (i) that the instrument is void or voidable against them; and (ii) a reasonable apprehension of serious injury (such as loss of property, credit risk, or fraudulent cloud on title). Upon decree, the court directly notifies the Sub-Registrar to record cancellation in the register.