The prayer for rectification of a registered partition deed was sought to be incorporated by way of amendment to the plaint. The suit as originally filed was one for declaration, mandatory injunction and prohibitory injunction. Section 26(4) of the Specific Relief Act, 1967 is as follows:-
“S.26(4):- No relief for the rectification of an instrument shall be granted to any party under this section unless it has been specifically claimed: Provided that where a party has not claimed any such relief in his pleading, the court shall, at any stage of the proceeding, allow him to amend the pleading on such terms as may be just for including such claim.”
2. The proviso is clear that the relief of rectification can be claimed at any stage of proceedings. The plea for amendment of the pleadings should therefore be allowed. Whether the relief of rectification could be granted or not is altogether a different question. That is a matter to be decided in the suit including the O.P.(C) No. 697 of 2014 2 plea of limitation set up by the defendants. The Court below erred in disallowing the application for amendment of the plaint therefore.
3. Ext. P6 order is set aside and I.A. No. 51/14 in O.S. No. 88/2012 on the file of the Court of the Munsiff of Kolencherry is allowed. This is subject to the condition that the petitioner pays a sum of Rs. 5,000/- as costs to the counsel for the third respondent in this Court within one month. The order impugned will remain intact if the costs as directed above is not paid within the time stipulated.
The Original Petition is allowed.
DCS V.CHITAMBARESH JUDGE Certified that in compliance with the direction in the judgment dated 05.06.2014 in O.P.(C). No. 697/2014, the counsel for the petitioner has paid Rs. 5,000/- (Rupees Five thousand only) as costs to the counsel for the third respondent within the time stipulated, vide memo dated 16.6.2014 bearing c.f. No. 1449/2014.
sd/- Registrar (Judicial)