https://www.taxtmi.com/caselaws?id=309638 A suit seeking a declaration that a sale deed was fictitious, sham, and without consideration was held not to be a suit to cancel or set aside an instrument. Article 91 of the Second Schedule to the Limitation Act therefore did not govern the claim, because the plaintiff challenged the transaction as void ab initio rather than seeking cancellation of the deed itself. The dismissal on limitation was unsustainable since the court below decided the matter only on limitation without examining the merits. The decree was set aside and the suit was remitted for disposal on the merits. en-us Thu, 14 May 1908 00:00:00 +0530 Thu, 14 Sep 2023 12:51:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309638 A suit seeking a declaration that a sale deed was fictitious, sham, and without consideration was held not to be a suit to cancel or set aside an instrument. Article 91 of the Second Schedule to the Limitation Act therefore did not govern the claim, because the plaintiff challenged the transaction as void ab initio rather than seeking cancellation of the deed itself. The dismissal on limitation was unsustainable since the court below decided the matter only on limitation without examining the merits. The decree was set aside and the suit was remitted for disposal on the merits. Case-Laws Indian Laws Thu, 14 May 1908 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309638