A contract or other instrument can be rectified when (1) it does not express the real intention of the parties (2) through fraud or a mutual mistake of the parties and it can be rectified at the instance of (1) either party to the contract or instrument in writing (2) or his representative – in – interest.

What point should be considered by the court for rectification of instrument?

When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing does not truly express their intention, either party, or his representative in interest, may institute a suit to have the instrument rectified; and if the Court find it clearly proved that there has been fraud or mistake ...

In what circumstances can rectification of an instrument be sought?

If there is a mutual mistake of parties in writing an instrument that it does not express the true intention of parties then court can order the rectification of such instrument.