ABHIN NARULA vs THE HIGH COURT OF DELHI THROUGH REGISTRAR GENERAL & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4913/2025 Reserved on: 28 April 2025 Pronounced on: 2 May 2025 ABHIN NARULA .....Petitioner Through: Mr. Rakesh Khanna Sr. Adv. Mr. Aman Vachher, Mr. Bhupesh Narula, Mr. Yogesh Narula, Mr. Dhiraj, Mr. Ashutosh Dubey, Mrs. Anshu Vachher, Ms. Abhiti Vachher, Mr. Akshat Vachher, Mr. Amit Kumar and Mr. Jasvinder Choudhary, Advs. versus THE HIGH COURT OF DELHI THROUGH REGISTRAR GENERAL & ANR. .....Respondents Through: Mr. Gautam Narayan, Sr. Adv. with Ms. Aakanksha Kaul, Ms. Ashima Chopra and Ms. Gunita Tandon, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT % 02.05.2025 C. HARI SHANKAR, J. 1. The lis 1.1 Sub-question (iv) to Question 111 in Paper-II of Civil Law-I, as 1 “Question 11(iv)” hereinafter W.P.(C) 4913/2025 Page 1 of 10 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:02.05.2025 14:18:33 framed in the question paper of the Delhi Judicial Service Examination, 2023, read thus: “11. Please state whether each of the following statements is true or false. (Only either 'true' or 'false' is to be written, and nothing else.) ***** (iv) An Agreement, where both the parties are under a mistake as to a matter of fact, is voidable at the option of either of the parties.” 1.2 Section 20 of the Indian Contract Act 18722 reads as under: “20. Agreement void where both parties are under mistake as to matter of fact. – Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. Explanation. – An erroneous opinion as to the value of the thing which forms the subject-matter of the agreement, is not to be deemed a mistake as to a matter of fact.” 1.3 As Section 20 of the Contract Act specifically st