Section 26: When instrument may be rectified

Q: What does Section 26 of Specific Relief Act, 1963 (SRA) deal with?

Section 26 SRA pertains to "When instrument may be rectified". It is part of the Specific Relief Act, 1963, a legislation enacted by the Parliament of India. Section 26 of the Specific Relief Act, 1963 (SRA) governs when instrument may be rectified.

Q: Is Section 26 SRA still in force?

Yes, Section 26 of the Specific Relief Act, 1963 is currently in force across the Republic of India.

Q: What is धारा 26 SRA?

धारा 26 SRA is the Devanagari Hindi reference for Section 26 of the Specific Relief Act, 1963. Section 26 of the Specific Relief Act, 1963 (SRA) governs when instrument may be rectified.

Q: What is Dhara 26 SRA?

Dhara 26 SRA is the Roman Hindi reference for Section 26 of the Specific Relief Act, 1963. "Dhara" means "Section" in Hindi. Section 26 of the Specific Relief Act, 1963 (SRA) governs when instrument may be rectified.

Q: How to cite Section 26 of Specific Relief Act, 1963?

Cite as: "Section 26, Specific Relief Act, 1963 (SRA)" in legal briefs. For academic writing, use the BlueBook format: Specific Relief Act, 1963, 1963, § 26 (India).

Law on Tips Editorial Board

When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing (not being the articles of association of a company to which the Companies Act, 2013, applies) does not express their real intention, then-
1. either party or his representative in interest may institute a suit to have the instrument rectified; and
2. the court may, in its discretion, rectify the instrument so as to express such intention.
If the court is of opinion that the instrument, through fraud or mistake, does not express the real intention of the parties, the court may, in its discretion, refuse to rectify the instrument, but the court shall not do so if any third party has, in good faith and for valuable consideration, acquired rights under the instrument in the form in which it stood before rectification.

When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing (not being the articles of association of a company to which the Companies Act, 2013, applies) does not express their real intention, then-
1. either party or his representative in interest may institute a suit to have the instrument rectified; and
2. the court may, in its discretion, rectify the instrument so as to express such intention.
If the court is of opinion that the instrument, through fraud or mistake, does not express the real intention of the parties, the court may, in its discretion, refuse to rectify the instrument, but the court shall not do so if any third party has, in good faith and for valuable consideration, acquired rights under the instrument in the form in which it stood before rectification.