CHAPTER III
Rectification of instruments
When instrument may be rectified
26. (1) When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing (not being the articles of association of a company to which the Companies Act, 1956 (1 of 1956), applies) does not express their real intention, then-
| (a) | - |
either party or his representative in interest may institute a suit to have the instrument rectified; or |
| (b) | - |
the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his pleading that the instrument be rectified; or |
| (c) | - |
a defendant in any such suit as is referred to in clause (b), may, in addition to any other defence open to him, ask for rectification of the instrument. |
(2) If, in any suit in which a contract or other instrument is sought to be rectified under sub-
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