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
parties, the real intention of the
parties is not expressed in instrument - Such rectification
is permissible only by parties to instrument and none
else ... principles underlying the rectification of
instruments are governed by Section 26 of the Specific
Relief Act. Generally a party to a written instrument
According to the learned Judge, the reliefs of
declaration of title, rectification of instrument and
consequential injunction can only be granted by the Civil
Court ... grant reliefs
such as declaration of title to immovable property, rectification
of instrument and consequential relief of perpetual injunction.
7. Section 9 of the Civil
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
their
children on 01/03/2004 and rectification deed dated 29/02/2004. The
property covered under principal deed as per description of
boundaries ... they are shown as parties to
the instrument of sale deed dated 01/03/2004 and its rectification deed
dated 29/03/2004 described
Instruments :
When Instruments may be rectified (1) When, through fraud or a mutual
mistake of the parties, a contract or other instrument in writing ... 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
Section 26 of
the Specific Relief Act, 1963, which deals with rectification of instruments.
To be noted, this Court has already mentioned that even
Section 26 of
the Specific Relief Act, 1963, which deals with rectification of instruments.
To be noted, this Court has already mentioned that even
Section 26 of
the Specific Relief Act, 1963, which deals with rectification of instruments.
To be noted, this Court has already mentioned that even
Kamla Town Trust] held as follows:
“...
The order of rectification of an instrument of trust by
a civil court would not be a judgment ... Income-tax Act . In such proceedings, therefore, the order
granting rectification of such instrument of trust would
remain relevant. The Income-tax Officer will have
