plaintiff that may arise from non-rectification of the instruments is the difficulty of proving that the transactions related to one property rather than ... must be said that the relief by way of rectification of the instruments as prayed for in the plaint was one ' on the ground
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
Relief Act seeking rectification
of the sale deed. No period of limitation is provided for
seeking such rectification of an instrument when a mistake ... stage of the proceedings, the amendment of the pleading
seeking rectification of the instrument could be asked,
meaning thereby, no period of limitation would restrict
contended
that the relief of declaration of title and rectification of the
instrument are two different prayers and one would not
depend on the other ... prayer for
rectification of the sale deed - Ex.P2. Section 26 of the
Specific Relief Act deals with rectification of the instrument.
The Court
which, if remains alive until rectification of a registered deed; whether or
not if relief for rectification of an instrument can be granted till specifically ... Relief Act . Sub-
section (4) provides that no relief for rectification of an instrument
can be granted to any party unless it is specifically claimed
rectification."
22.2. In Siddique & Co. v. Utoomal & Assudamal Co. , it was held that in order to obtain rectification of an instrument under ... party to a written instrument is not allowed to contradict the instrument, but where it is contended that the instrument does not reflect the real
held that the principles underlying the rectification of instruments are governed by Section 26 of the Specific Relief Act. Generally ... party to a written instrument is not allowed to contradict the instrument, but where it is contended that the instrument does not reflect the real
said rectification may be sought by way of a suit for rectification instituted by either of the parties to the said contract or instrument ... parties the Court may in its discretion direct rectification of the instrument so as to express that intention so far this can be done without
sued to have the document rectified and even though a suit for rectification is barred by limitation, nevertheless the Court is entitled to give ... Mukherjee and Walmsley, JJ., that:
Title may be established without rectification of an instrument, even though the time to secure a rectification of the instrument
person
deriving title through such party?
iv) Whether the suit for rectification of
instrument under Section 26 of the
Specific Relief Act can be dismissed
