https://www.taxtmi.com/caselaws?id=309639 A suit alleging that an executant believed she was signing a power of attorney but was induced to sign a deed of exchange and gift seeks declaratory relief where the instrument is pleaded to be no deed at all. The applicable limitation provision is therefore the residuary article for declarations, rather than the articles governing cancellation or fraud-based relief. Such a plea constitutes non est factum: if proved, the instrument is void from inception and requires no prior setting aside. Fraudulent concealment of the transaction's true nature postpones limitation until discovery under Section 18, if established. 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 suit alleging that an executant believed she was signing a power of attorney but was induced to sign a deed of exchange and gift seeks declaratory relief where the instrument is pleaded to be no deed at all. The applicable limitation provision is therefore the residuary article for declarations, rather than the articles governing cancellation or fraud-based relief. Such a plea constitutes non est factum: if proved, the instrument is void from inception and requires no prior setting aside. Fraudulent concealment of the transaction's true nature postpones limitation until discovery under Section 18, if established. Case-Laws Indian Laws Wed, 04 May 1921 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309639