Section 38

38. On adjudging the rescission of " u - a contract, to the Court may require the party to whom such relief is granted to make any compensation to the other which justice may require. court may require rescinding party to do quity. CHAPTER V. 39. Any person against whom a written instrument is void or voidable, 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. When cancellationmay be be ordercd. lationmay be be ment is void or voidable, who has reasonable appre- If the instrument has l?ee~i registered I ~ I I C ~ ~ I * t,li C. Indian Xcgi~tra~tion Act, the Court shall also send s copy of its decree to the officer in whose office tho instrument has been so registered, and such officer shall note on the copy of the instrument coxltaiineed in his books the fact of its cancellation. ZZustrations. (a). A, the owner of a ship, by fraudulently representing her to be seaworthy, induces B, an underwriter, to insure her. B may obtain the cancellation of the policy. (6). A conveys land to B, who bequeaths it to C and dies. Thereupon D gets possessioll of the land and produces a forged instrument stating that the conveyance was made to B in trust for him. C may obtain the cancellation of the forged instrument. (c). A, represeating that the tenants on his land mere all at mill, sells it to B, and conveys it to him by an instrument dated the 1st January 1877. Soon after that day, A fraudulently grants to C a lease of part of the lands dated the 1st October 1876, and procures the lease to be registered ncder the Indian Registration Act. B may obtain the cancellation of this lease. (d). A agrees to sell and deliver a ship to B, to be paid for by B's acceptances of four bills of exchange, for sums amounting to Rs. 30,000, to be drawn by A on B. The bills are drawn aud accepted, but the ship is not delivered according to the agreement. A sues B on one of the bills. B may obtain the cancellation of all thc bills.