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Rectification of Instruments (Section 26 Specific Relief Act)

Principles of Natural Justice & Equity

Definition

An equitable remedy allowing a court to alter, correct, and rectify a written contract or conveyance if, through fraud or mutual mistake of the parties, the document does not express their real intention.

Example

In a registered partition deed, the typist accidentally swaps the survey numbers of two agricultural plots, assigning the well to the wrong brother; the civil court orders the rectification of the instrument under Section 26 to reflect the true intent.