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 ... rectification has so prayed in his pleading and the court thinks fit, may be specifically enforced. (4) No relief for the rectification of an instrument
suit
could be filed before competent Civil Court for
rectification of an instrument when through fraud or a
mutual mistake of the parties a contract ... lays
down the correct legal position in connection with
proceedings for rectification of instruments like trust
deeds, initiated before competent civil courts under the
relevant
application to amend the pleadings
for including the relief of rectification of the instrument dated 18.11.2013
and accordingly, filed the above application seeking permission ... include the relief for rectification
of the mistake and also for rectification of the instrument under Ex.A.1
came to be filed
these instruments.
The Plaintiff neither seeks to claim under any of the parties to the instruments. In
contrast, the Plaintiff claims that those instruments ought ... make averments in justification of the
necessity of rectification and seek rectification of those instruments. Resort to the
provisions contained in Section
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 ... rectification has so
prayed in his pleading and the Court thinks fit, may
be specifically enforced.
(4) No relief for the rectification of an
instrument
rectification of instruments. Section 26
provides as to when an instrument may be rectified and reads as
under: -
"26. When instrument may be rectified ... rectification has so prayed in his
pleading and the court thinks fit, may be specifically
enforced.
(4) No relief for the rectification of an instrument
Special Relief Act 1963 (hereinafter referred
to as ‘Act’) provides for rectification of instruments, where through
fraud or a mutual mistake of the parties ... intention of the parties is not expressed in
relation to an instrument. Such rectification is permissible only by
the parties to the instrument
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 ... rectification has so prayed in his
pleading and the court thinks fit, may be specifically
enforced.
(4) No relief for the rectification of an instrument
this appeal was framed as following :
"Whether a suit for rectification of instrument under Section 26 of the Specific Relief Act, 1963 is maintainable ... parties, the Court may, in its discretion, direct rectification of the instrument so as to express that intention, so far ,as this can be done
opinion, the instrument which is chargeable to duty under Section 17 is not the unrectified instrument, but the instrument which a competent Court rectified ... rectified the instrument. Therefore the only instrument which we can consider and which the stamp authorities can consider is the instrument as rectified
