provisions with regard to rectification of instrument which were contained in Section 31 of old Specific Relief Act, 1877 were mentioned in corresponding Section ... 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
relates back to the time when the instrument was executed. After rectification the instrument has to be read as if it has been originally drawn ... rectification of the trust deed was under Section 31 of the Specific Relief Act. Section 31 provides for rectification of an instrument on grounds
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 under Section 26(1) of the Specific Relief Act bears no reference to the consequences of rectification of the mistake in an instrument
plaintiffs was to have brought a suit for the rectification of the instrument within three years from the date that the plaintiffs discovered the mistake ... Court. True it is that a remedy by way of rectification of an instrument by a suit is open to a party, when through fraud
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
addition to any other defence open to him, ask for rectification of the instrument.
(2) If, any suit in which a contract or other instrument ... 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
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
Income-tax argued that the civil court could direct rectification of an instrument only if it
came to the conclusion that because of fraud ... court is not concerned with the validity of the instrument as rectified. The order of rectification does not put a seal of validity
have filed a suit for cancellation of the sale deed or rectification of instrument. But they failed to do so. That also should have been
