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Judgment
5 paragraphs · 118 words
1.
The suit is brought u/s 39 of the Specific Relief Act for the cancellation of Exhibit C, a receipt alleged to have been granted by the plaintiff to the defendant.
2.
It is argued before us tint the gait is not maintainable. Illustration (6) to that section shows that a suit may be brought for the cancellation of a forced instrument.
3.
We are also of opinion that Exhibit C is an "instrument."
4.
It purports to discharge the debt due by the defendant to the plaintiff and purports also to be signed by her. IE it is not cancelled and left outstanding, it may cause her serious injury.
5.
We dismiss the second appeal with costs.