Rectification of Instruments [section 26] - Lawyer Adda

Rectification of Instruments [section 26]

When an instrument may be rectified?

When an instrument does not express the real intention of the
parties.

It may be due to fraud or mutual mistake of the parties. A contract
or other instruments in writing.

Explanation:-

There are various instruments through which rights are created and
liabilities are imposed.

Instruments may be contract, bills of exchange etc.

It is possible that more rights have been created or more liabilities have
been imposed than the parties really intended.

Excess of right or liabilities than intended may be due to mutual mistake
or fraud.

If these instruments are allowed to be enforced, then it may create
hardship on any of the particles to the contract.

Court, at its discretion allows rectification of instrument provided that it
has been specifically claimed and without prejudice to the right of third
parties.

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