https://www.taxtmi.com/caselaws?id=309639 A document signed under a mistaken belief as to its very nature may be treated as non est factum and, if proved, void ab initio rather than merely voidable. In that situation, no prior setting aside is necessary, and a suit framed on that basis is treated as a declaratory claim governed by the residuary limitation article rather than the articles for setting aside instruments on fraud. The text also notes that, where concealment of the true nature of the transaction is pleaded and established, Section 18 postpones limitation until discovery, so the claim may remain within time. en-us Wed, 04 May 1921 00:00:00 +0530 Mon, 09 Oct 2023 11:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309639 A document signed under a mistaken belief as to its very nature may be treated as non est factum and, if proved, void ab initio rather than merely voidable. In that situation, no prior setting aside is necessary, and a suit framed on that basis is treated as a declaratory claim governed by the residuary limitation article rather than the articles for setting aside instruments on fraud. The text also notes that, where concealment of the true nature of the transaction is pleaded and established, Section 18 postpones limitation until discovery, so the claim may remain within time. Case-Laws Indian Laws Wed, 04 May 1921 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309639