Niharika Lohan 04 June 2023
Hi Ketan, I'm Adv Niharika and here is my take on your query.
s.26 of SRA deals with Rectification of instrument. This section is based on the legal maxim, "equity looks to the intend, rather than the form." This provision provides an equitable remedy.
The Specific Relief Act gives discretionary power to the court to do justice on the basis of Equity and good conscience. The act provided for seven reliefs, one of which is Rectification, under sec 26.
I hope you are clear with what rectification means, which is when the true intention of the parties is not reflected in the instrument, then in order to give true effect to the meaning and intention of the instrument, Courts provide an opportunity to the parties to make amends / rectify the instrument.
there is a time bound limitation to avail this remedy, which is provided under sec 59 of Limitation Act, 1963 and that is a period of 3 years.
However, there is no set time prescribed as to when it will take effect. It majorly depends upon two things:
1- the facts and circumstances of the case
2- upon the judge
so it cannot be said that this is a stipulated period.
If you can share the facts of the case, I will be in a better position to offer guidance.
I hope the above information helps.
Furthermore, I'm attaching an article on the same for your convenient reading.
For any questions, you can contact me at firstname.lastname@example.org