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A mutual mistake of the parties in an instrument, which does not express their real intention, can be got rectified by either party to the instrument;

  • A.By instituting a suit under Registration Act, 1908.
  • B.By filing an application under Section 152 of the Code of Civil Procedure, 1908.
  • C.By instituting a suit under Section 26 of the Specific Relief Act, 1963.
  • D.Cannot be rectified.

Answer: C

The remedy is by instituting a suit under Section 26 of the Specific Relief Act, 1963.

Section 26 allows either party, or his representative in interest, to institute a suit to have an instrument rectified where, through fraud or a mutual mistake of the parties, it does not express their real intention. Rectification can also be claimed in a pleading in a suit where a right under the instrument is in issue.

The Registration Act deals with registering documents, not correcting them, and Section 152 CPC corrects clerical or arithmetical mistakes in judgments, decrees and orders, not in the parties' own instruments. So the mistake can be rectified, and 'cannot be rectified' is wrong.

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