Rectification of Instruments
Rectification of Instruments Section 26 of the Specific Relief Act talks about rectification. Let us understand in more clear terms. Rectification’ means correction and here ‘instrument’ means any legal document/contract. So, rectification of instruments means correction or changes in the contract. Under Section 26 of the Specific Relief Act,1963 , it is provided that when any contract may be rectified: 1. When there is a fraud or when there is a mutual mistake by both the parties. Now the person who is entitled for the rectification of instrument are as follows: – Either party or his representative can file. The plaintiff in any suit can file if any rights arising under the rectification of instruments. Defendants can file in any suit as mentioned in sub-clause (B). 2. If in any case in which a contract or instrument is to be rectified under clause (1), the court finds that contract is done by fraud or by mutual mistake of the parties, then the court has discr...