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22.

Once an innocent party exercises the option and rescinds the contract, the contract becomes
void and thereafter right to restitution in terms of Section 64 of the Contract Act gets attracted. In
Satgur Prasad v. Har Narain Das , it was observed that once a voidable contract has been avoided,
any person who has received any advantage under such contract is bound to restore it to the
person from whom he had received it, or make compensation therefore. Quoting from Kerr on
Fraud and Mistake it was held that a party exorcising his option to rescind is entitled to be restored
as far as possible to his former position.

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