Document is sham and nominal, it need not be set aside, and the suit for relief on that footing is not one for cancellation,

Gnanambal Ammal v. Kannappa Pillai5 wherein it has been held:

“Where a plaintiff's case is that a document is sham and nominal, it need not be set aside, and the suit for relief on that footing is not one for cancellation, so as to attract the application of Section 40 of the Madras Court-fees and Suits Valuation Act, 1955. But even in such a case, if the plaintiff sues for cancellation he would have to pay Court-fee on that re- lief, whether it is necessary to have the deed can- celled or not.

5    1959(I) M.L.J. 353