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1 - 7 of 7 (0.26 seconds)Section 26 in The Specific Relief Act, 1963 [Entire Act]
Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Section 23 in The Indian Contract Act, 1872 [Entire Act]
Section 31 in The Specific Relief Act, 1963 [Entire Act]
R.James Arulappa vs C.Arul Thiagaraja on 5 March, 2004
"9. The first point for consideration is,
whether, through a mutual mistake of the parties, the
mortgage instrument in this Base does not truly express
their intention; in other words, the plaintiffs who seek
the assistance of the Court for the rectification of the
written instrument must clearly prove that there was a
prior complete agreement which according to the
common intention was embodied in writing, but by
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reason of mistake in framing the writing, this did not
express or give effect to the agreement. As James, V. C.,
tersely expressed the substance of the matter
in Mackenzie v. Coulson (1839) 8 Eq. 863. "Courts of
Equity do not rectify contracts, they may and do rectify
instruments purporting to have been made in
pursuance of the terms of contracts."
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