Tuesday, 15 February 2022

Rectification of instrument

 Rectification of instruments (section 26)

So basically in simple terms, an instrument is a document by which any rights or liabilities are to be created, transferred, limited, or extended.

The term rectification means the correction of an error which here is in the form of instrument.

‘Rectification of instrument,’ means correcting the errors, here instrument means contract. Rectification of instruments under specific relief act is a fair or an impartial remedy that is granted by the Court when facts are not according to the intention of the parties.

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:  

 

a.Either party or his representative can file. 

b.The plaintiff in any suit can file if any rights arising under the 

rectification of instruments. 

c.Defendants can file in any suit as mentioned in 

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:  

 

a.Either party or his representative can file. 

b.The plaintiff in any suit can file if any rights arising under the 

rectification of instruments. 

c.Defendants can file in any suit as mentioned in 

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:  

 

a.Either party or his representative can file. 

b.The plaintiff in any suit can file if any rights arising under the 

rectification of instruments. 

c.Defendants can file in any suit as mentioned in 

 



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