Supreme Court · 2013 INSC 156 · Decided 12 March 2013
Joseph John Peter Sandy v. Veronica Thomas Rajkumar & Anr
- Court
- Supreme Court of India
- Citation
- 2013 INSC 156 · [2013] 2 S.C.R. 368
- Case number
- CIVIL APPEAL No. 2178/2004
- Decided
- 12 March 2013
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 16; Specific Relief Act Section 26
Headnote
SPECIFIC RELIEF ACT, 1963: s.26 - Suit for rectification of settlement deeds - Held: Appellant could not have filed the suit for rectification of settlement deed, as there was no mistake in its understanding or execution by the parties - It was only the father of who could have sought rectification of the deed, but he was neither impleaded, nor examined before the trial court, though he was still alive at the time of institution of the suit - As respondent no. 1 was not a party to the alleged rectification deed, she was not bound by it - Besides, the
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