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
Stamp Act which provides for
stamp duty for an instrument of rectification, reads as follows:-
“47-B. Stamp duty chargeable for instrument of
rectification.- Where ... amount of duty chargeable in such instrument of rectification
shall be the amount chargeable on it under Schedule I less the
amount of duty
would like to take note of that right to seek
rectification of an instrument or a contract is embodied under Section 26 of the
Specific ... requires rectification on account of fraud or mistake or does not
express the real intention of the parties, direct rectification of the instrument
within
parties may apply for
rectification. Section 26 of the SRA reads as under:
" Section 26 : Rectification of Instruments:
When Instruments 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
parties may apply for
rectification. Section 26 of the SRA reads as under:
" Section 26 : Rectification of Instruments:
When Instruments 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
hereinafter referred to as "the Act") provides for
rectification of instruments, which is reproduced herein as follows:
"When Instrument may be rectified ... parties may
apply for rectification. The Hon'ble Supreme Court while discussing the law regarding
rectification of instruments under section
only says that no relief for
rectification of instrument shall be granted unless it is
specifically claimed. However, proviso to Section 26 , as
noted herein ... open to the appellant to claim the relief of rectification of
the instrument in the instant suit. The amendment, in our
view, in the agreement
plaintiff under Section 26 of the Specific Relief Act
for rectification of the instrument by showing the correct resurvey
number of the property ... specific pleading.
(11) It is true that a suit for rectification of an instrument, as in the
present case, can be filed only
been done with intention, fraud and forgery, therefore, he
should take rectification on instrument by the provisions under Section 26
of the Specific Relief
The District Collector vs Https://Www.Mhc.Tn.Gov.In/Judis on 8 July, 2022
