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The parties to a written sale agreement agreed on a price, but through mutual mistake their agreement…

Section 26(1)(a) of the Specific Relief Act, 1963 allows either party or their representative in interest to sue for rectification if fraud or mutual mistake causes a…

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The parties to a written sale agreement agreed on a price, but through mutual mistake their agreement records a different price. Which remedy under the Specific Relief Act, 1963 may either party seek to make the writing reflect the agreed price?

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Correct answer B

Section 26(1)(a) of the Specific Relief Act, 1963 allows either party or their representative in interest to sue for rectification if fraud or mutual mistake causes a written contract or other instrument to misstate the parties’ real intention. A company’s articles of association are excluded. Rectification here would record the price the parties actually agreed.

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Option A

Cancellation under section 31(1) may be available where a written instrument is void or voidable against the claimant and leaving it outstanding reasonably threatens serious injury. This case calls for correction of the price.

Option B

Section 26(1)(a) allows a party to seek rectification when fraud or mutual mistake makes a writing misstate the parties’ actual agreement.

Option C

Rescission under section 27 sets aside a contract on its own statutory grounds. Here the parties seek to correct its written record.

Option D

Impounding a produced document under Order XIII, rule 8 of the Code of Civil Procedure concerns the document’s custody. It does not correct its terms.

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