AIR 2008 SUPREME COURT 1960 ::2008 AIR SCW 2265 ::(2008) 1 CLR 795 (SC) ::2008 (1) CLR 795 ::(2008) 2 WLC(SC)CVL 86 ::(2008) 1 All RentCas 799 ::(2008) 2 CivilCourtC 1 ::2008 (4) SCC 102 ::(2008) 4 Scale 40 ::(2008) 3 AllMR 843 (SC) ::2008 (3) All MR 843 ::2008 (71) All LR 742 ::(2008) 3 All WC 2329 ::2008 (3) ICC 172 ::(2008) 2 CTC 224 (SC) ::2008 (3) MadLW 53 ::2008 (3) MPLJ 273 ::2008 (4) Mah LJ 1 ::2008 (4) MadLJ258 ::(2008) 4 Ker LT 233 ::2008 (1) OrissaLR 735 ::2008 (2) LandLR 164 ::(2008) 2 UC 870 ::(2008) 3 Cal HN 145 ::(2008) 1 CurLJ(CCR) 253 ::2008 (4) SRJ 98.2

Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): Tarun Chatterjee, H. S. Bedi , JJ

(A) Civil P.C. (5 of 1908) , O.6 R.17— Specific Relief Act (47 of 1963) , S.26— Amendment of plaint - Suit for specific performance of contract to sell - Mistake in description of suit property in plaint - Amendment sought to rectify mistake in plaint as well as in contract - Can be allowed in view of S.26 - Nature of suit not changed by amendment. In a suit for specific performance of contract for sale, it is permissible to amend a part of the description of the suit property not only in the plaint but also in the agreement. Section 26 clearly says as to when a contract or other instrument can be rectified and provides that when through fraud or a mutual mistake of the parties, the agreement in writing does not express their real intention, it is open to the parties to apply for amendment of the instrument. Section 26 further provides that either party may institute a suit to have the instrument rectified or a party who has already filed a suit in which any right arising under the instrument is in issue may claim in his pleading that the instrument be rectified. The prayer for amendment of the agreement to correct a part of the description of the suit property cannot involve either the question of limitation or the change of nature of suit. The suit shall remain a suit for specific performance of the contract for sale and a separate independent suit is not ....