1986 Supreme(AP) 85

Andhra Pradesh High Court
Judges : P.KODANDA RAMAYYA
B. Malikarjuna Reddi - Appellant
Versus
B. Chenna Reddy - Respondent
C.R.P. No. 2913/83
Decided On : 02-14-86
Advocates Appeared :
Mr R.V. Subba Rao,Mr M. Lakshmana Sarma

Headnote:SPECIFIC RELIEF ACT, Sec. 26 and Civil Procedure Code, sec. 94, 151 and 152-Suit for specific performance of an agreement of sale deed filed against the legal representives of deceased executant-Application by plaintiffs for rectification of misdescription of the place of property in the schedule agreement-Court cannot order petition without seeking rectification by amending the plaint.

       Held: The relief for rectification must be prayed for in the plaint and it must be averred in the plaint that this relief is necessary, as the contract had not carried out the real intention of the parties due to fraud or mutual mistake. The Court should prove an issue in the matters if contested and should try it along with the main issues and if the mistake alleged is fatal, it can even try it as a preliminary issue. Further the plaintiff cannot get the relief treating it as a supplementary proceeding to the main relief within the meaning of Sec. 94 of the Civil Procedure Code, if it is a substantive relief founded on proving the requirement of Section 26 of the Specific Relief Act. The plaintiff must seek amendment of the plaint asking the relief of rectification based on the grounds mentioned in Sec. 26 of the Specific Relief Act and seek relief of rectification of the mistake in the agreement. A mistake anterior to the suit cannot be corrected under See 151 or Sec. 152 of the Civil Procedure Code, Sec. 152 is for the purpose of correcting errors directly involved in the proceedings themselves and not for correcting the errors which are anterior to the proceedings particularly in documents upon which suits are brought.

       C.R.P. Allowed