Section 26 of Specific Relief Act, 1963:
Section 26 of the Special Relief Act 1963 (hereinafter referred to as ‘Act’) provides for rectification of instruments, where through fraud or a mutual mistake of the parties, an instrument in writing does not express the real intention, then the parties may apply for rectification. However, clause 4 thereof, provides that such a relief cannot be granted by the court, unless it is specifically claimed. vs
Joseph John Peter Sandy vs Veronica Thomas Rajkumar & Anr. CA No 2178-2179 of 2004 d/d 12/03/2013 http://indiankanoon.org/doc/156545202/
7. Section 26 of the Act has a limited application, and is applicable only where it is pleaded and proved that through fraud or mutual mistake of the parties, the real intention of the parties is not expressed in relation to an instrument. Such rectification is permissible only by the parties to the instrument and by none else.
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