A written agreement for the sale of land fails to express the parties’ real intention because of their…
Under section 26 of the Specific Relief Act, 1963 either party or its representative in interest may sue for rectification when mutual mistake prevents a written contract…
Choose your answer
A written agreement for the sale of land fails to express the parties’ real intention because of their mutual mistake. How may a party seek rectification of the instrument?
Answer and explanation
Correct answer C
Under section 26 of the Specific Relief Act, 1963 either party or its representative in interest may sue for rectification when mutual mistake prevents a written contract from expressing the parties’ real intention.
The court may rectify the instrument so far as this can be done without prejudice to rights acquired by third persons in good faith and for value.
Option feedback
Option A
The statutory remedy for a mutual mistake in an instrument is under section 26 of the Specific Relief Act.
Option B
Section 152 addresses specified corrections to judgments, decrees or orders, not rectification of a private instrument.
Option C
Section 26(1)(a) permits either party or its representative in interest to bring a suit for rectification.
Option D
Section 26 expressly permits rectification to be sought when the instrument fails to express the real intention because of mutual mistake.
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