Section Text
(1) When, through fraud or a mutual mistake of the parties, a contract or otherinstrument in writing (not being the articles of association of a company to which the Companies Act, 1956, applies) does not expresstheir real intention, then--
(a) either party or his representative in interest may institute a suit to have the instrument rectified; or
(b) the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his pleading thatthe instrument be rectified; or
(c) a defendant in any such suit as is referred to in clause (b), may, in addition to any other defence open to him, askfor rectification of the instrument.
(2) If, in any suit in which a contract or other instrument is sought to be rectified under sub-section (1), the court finds thatthe instrument, through fraud or mistake, does not express the real intention of the parties, the court may, in its discretion, directrectification of the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by thirdpersons in good faith and for value.
(3) A contract in writing may first be rectified, and then if the party claiming rectification has so prayed in his pleading and thecourt thinks fit, may be specifically enforced.
(4) No relief for the rectification of an instrument shall be granted to any party under this section unless it has been specifically claimed:
Provided that where a party has not claimed any such relief in his pleading, the court shall, at any stage of the proceeding, allowhim to amend the pleading on such terms as may be just for including such claim.