Specific Relief Act, 1963

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- .... To read the full section download the app from Google Play store