Rectification of Instrument under Pakistani Legal Regime

Abstract

Rectification is a relief that thrives in the Specific Relief Act of 1877. This relief is obtained when any instrument is polluted with fraud or mutual mistake. This article utilises qualitative research methodology to describe the evolving trends of Pakistan courts while granting relief of rectification. With this purpose, the article describes the concept, scope, and significance of relief of rectification. This article critically inspects the effect of fraud and mistakes on the instrument and how an instrument is rectified when it is polluted with mistakes or fraud. This article also investigates the methods of pleading for relief of rectification under section 31 of the Specific Relief Act of 1877 and distinguishes typographical errors that are rectified under 152 of the Code of Civil Procedure. The article describes how the limitation period for this relief is calculated.

Keywords: Fraud, Mistake, rectification, relief

DOI: https://doi.org/10.37745/gjplr.2013/vol10n88189

Article Review Status: Published

Pages: 81-89 (Download PDF)

Creative Commons Licence
This work by European American Journals is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License