RECTIFICATION OF INSTRUMENT
Introduction
Let us first understand the Specific Relief Act,1963. It
means an act which provides remedies for persons whose
civil or contractual rights have been violated. Whenever
there is a breach of contract, compensation or damages are
provided for the same, but when the damages or
compensation are not of adequate relief then, in that case,
the specific relief or preventive relief is provided
Specific relief: – it means when a person does a breach of
contract and when monetary compensation fails to
complete contractual obligation then specific relief is
granted.
Preventive relief: – it means when a person is prevented to
do an act, which is not validly liable to do.
Legal instrument is a legal term that is used for any legal
written document that is a legally enforceable act, process,
obligation, contractual duty, right or obligation.
So basically in simple terms, an instrument is a document
by which any rights or liabilities are to be created,
transferred, limited, or extended.
RELEVENT PROVSIONS:
Section 31 to 34 of the Specific Relief Act, 1877
MEANING OF RECTIFICATION:
The term rectification means the correction of an error
which here is in the form of instrument.
RECTIFICATION OF INSTRUMENT MEANING:
‘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.
Rectification of Instruments
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:
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: –
 Either party or his representative can file.
 The plaintiff in any suit can file if any rights
arising under the rectification of instruments.
 Defendants can file in any suit as mentioned in
sub-clause (B).
2. If in any case in which a contract or instrument is
to be rectified under clause (1), the court finds
that contract is done by fraud or by mutual
mistake of the parties, then the court has
discretionary power to rectify it.
3. If parties claim for rectification and the court
thinks fit, then it will be specifically enforced.
4. No relief shall be granted until the parties
specifically claim for rectification of the
instrument.
Modes of Rectification of Instrument
Chapter three of the Specific Relief Act, 1963 deals with
the rectification of instruments and Chapter five of the
Specific Relief Act, 1963 deals with the cancellation of
instruments. Under section 26 of the specific relief act, the
modes of rectification of instrument are: –
1. Fraud
Whenever someone intentionally misrepresents the other
regarding the contract, there is a way of rectification of the
instrument. Fraud means, when:
 A person suggests a fact which is not true.
 A person hides a fact, which he already knows
about.
 A person made a promise without any intention
of performing it.
2. Mutual mistake of parties
The term ’mutual mistake’ means the common
mistake on the part of both the parties to contract. A
party who wants rectification of the instrument has to
establish that there was a prior complete agreement
that was reduced to writing in accordance with the
common intention of the parties and by reason of
mistake the writing did not express the real intention
of the parties. If the mistake is not from both the
parties but from the scribe then it will not be rectified.
A mutual mistake can be established by any parties to
a contract. On the basis of unilateral mistake not
amounting to fraud, there cannot be rectification.
 3. Real Intention of the Party
The rectification of the instrument always involves the real
prior agreement between the parties and the absence of
such facts in the agreement of the document as a result of
fraud or mutual mistake.
The court has also the responsibility to see whether the
parties do have a real intention or they are framing the
instrument and further the court has to ascertain for the
same.
Requirements For Rectification of Instrument Under
Section 26:
There are certain requirements under Section 26 of the
specific relief act.
 Existence of fraud or mutual mistake: – for the
rectification of instrument, one has the proof
regarding the fraud and the mutual mistake. The
intention must be truthful which is owing to fraud
or common mistake.
 ‘Fraud’ means an act done by any party through
a contract to deceive another party to enter into a
contract.
 ‘Common mistake’ means when the mistake in
any contract or in any deed done by both the
parties.
 ‘Real intention of the parties’ means it’s not
only the party to prove fraud or mutual mistake
but also the court has to find out and further the
court has to also ascertain the real intention of the
parties.
o The burden of proof lies on the person
who wants rectification of the
instrument.
Parties To Rectification of Instrument
Either party to a contract or their legal representative in
interest can take action for the rectification of the
instrument under Section 26. Any other person does not
have any right to maintain a suit for its rectification.
Proper parties can apply for the same. ‘Proper parties’ are
those parties when a case is brought for rectification of sale
deed at that time the other parties who are affected by it are
called proper parties.
Effect of rectification of Instrument
A deed can only be rectified by the court so as to confirm
the true intention of the executing party at the moment of
execution. After the execution the written agreement does
not continue to exist with a parol variation, it is to be read
as if it had been originally drawn in its rectified form.
When the court rectifies a deed of transfer it becomes a
conveyance and so no further conveyance is required. The
order should be declared that the deed ought to be rectified,
point out the way in which it should be rectified and direct
an endorsement of the order on the conveyance.
Cancellation of instrument
Section 31 of the specific relief act, 1963 provides the
cancellation of the instrument.
Cancellation may be ordered when:-
1. The person against whom a written
instrument is void or voidable and has
reasonable cause that such an instrument is
causing serious injury to him/her. In that
case, the court has the discretion, so it is
declared to be true and orders it to be
delivered and cancelled.
2. If the instrument has been registered under
the registration act, the court shall send a
copy of the order to that officer in whose
office that instrument has been registered
and that officer shall not of the copy of the
instrument contained in his books for the
cancellation.
Cases for rectification
Sartaj And Another vs Ayub Khan (2019)
In this case, it was held that the appellant filed a civil suit
with the allegation that the plaintiff purchased property
(land) from the defendant by registered sale deed for
valuable consideration but due to inadvertent mistake and
misunderstanding in the sale deed they are taking undue
advantage for the same. In the judgment it was held that the
appeal is liable to be allowed and the judgment passed by
the lower appellate court is liable to set aside and the
judgment and decree passed by the trial court are liable to
be restored.
Conclusion
According to me, the rectification of an instrument is
necessary, as because of this section parties can be saved
from being in any kind of fraud or if there is any mistake
occurs in a contract by the parties then with the help of
section 26 one can complain in the Court regarding the
same. As there are certain provisions within which if the
court does not find it justified then the rectification may not
be enforced