https://www.taxtmi.com/caselaws?id=309635 Article 91 of the Limitation Act applies only where a plaintiff must first have an instrument set aside. Where a deed is signed under a misrepresentation as to its character, the plea is one of non est factum and the instrument is void ab initio, not merely voidable. In that situation, title does not pass, the plaintiff may ignore the document and sue for possession on her own title, and a prayer for cancellation is only ancillary. The court held that Article 91 did not bar the suit, and the possession claim was within time. en-us Mon, 17 Nov 1952 00:00:00 +0530 Thu, 14 Sep 2023 12:39:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309635 Article 91 of the Limitation Act applies only where a plaintiff must first have an instrument set aside. Where a deed is signed under a misrepresentation as to its character, the plea is one of non est factum and the instrument is void ab initio, not merely voidable. In that situation, title does not pass, the plaintiff may ignore the document and sue for possession on her own title, and a prayer for cancellation is only ancillary. The court held that Article 91 did not bar the suit, and the possession claim was within time. Case-Laws Indian Laws Mon, 17 Nov 1952 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309635