SHORT NOTES ON SPECIFIC RELIEF ACT PART 2
Chapter 3 Rectification of instruments
S 26. When instrument may be rectified:-
Sub S 1. When through fraud or mutual mistake of parties,a contract or other instrument in writing does not express real intention of parties, then-
a) either party or his representative in interest may institute a suit to have instrument rectified.
Sub S 2. Court may direct rectification of instrument so as to express that intention,so far as this can be done without prejudice to rights acquired by third person in good faith and for value.
Sub S 3. A contract in writing may first be rectified, and then if the party claiming rectification has so prayed in his pleading and the court thinks fit,may be specifically enforced.
Sub S 4. No relief is to be granted unless prayed. If not prayed court can allow amendment to incorporate said prayer.
