Rectification And Cancellation Of Instruments in SRA : Practice MCQ Questions & Answers with Explanations

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SraEasyRectification And Cancellation Of Instruments

A mutual mistake of the parties in an instrument, which does not express their real intention, can be got rectified by either party to the instrument;

By instituting a suit under Registration Act, 1908.

By filing an application under Section 152 of the Code of Civil Procedure, 1908.

By instituting a suit under Section 26 of the Specific Relief Act, 1963.

Cannot be rectified.

View Answer

Correct Answer: C — By instituting a suit under Section 26 of the Specific Relief Act, 1963.

Explanation:

Section 26 of Specific Relief Act 1963 deals with When instrument may be rectified.

SraEasyRectification And Cancellation Of Instruments

The process of partial cancellation of instruments is mentioned under Section ______ in The Specific Relief Act of 1963.

Section 32

Section 41

Section 15

Section 7

None of the above

View Answer

Correct Answer: A — Section 32

Explanation:

Section 32. Partial cancellation of instruments :- The process of partial cancellation of instruments is mentioned under Section 32 in The Specific Relief Act of 1963.

SraEasyRectification And Cancellation Of Instruments

What instruments may be partially cancelled:

Where an instrument is evidence of different rights or different obligations

Where a defendant successfully resists any suit

Where any person against whom any written instrument is void or voidable

Where the instrument has already been fully performed

View Answer

Correct Answer: A — Where an instrument is evidence of different rights or different obligations

Explanation:

Section 32. What instruments may be partially cancelled.—Where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue.

SraEasyRectification And Cancellation Of Instruments

Under Section:26 of Specific Relief Act - When the instrument may be rectified:

When, through fraud or a mutual mistake of the parties

Some other instrument in writing does not express the real intention of the parties

Both 1 and 2

neither 1 and 2

View Answer

Correct Answer: C — Both 1 and 2

Explanation:

Oth 1 and 2 According to section 26 , when an account of fraud or mutual mistake of the parties a contract or some other instrument in writing does not express the real intention of the parties, the court is empowered to rectify the instrument so as.

SraEasyRectification And Cancellation Of Instruments

Which of the following cases is related to the rectification of the instrument in the Specific Relief Act?

Sartaj And Another vs Ayub Khan

Noordin Esmailji Kurwa vs Mahomed Umar Subrati

Manik Lal And Ors. vs Rajaram And Anr.

All of the above

None of the above

View Answer

Correct Answer: D — All of the above

Explanation:

Ll of the above. Cases for rectification :- Sartaj And Another vs Ayub Khan (2019): In this case, it was held that the appellant filed a civil suit with the allegation that the plaintiff purchased property (land) from the defendant by registered sa.

SraEasyRectification And Cancellation Of Instruments

Which of the following sections of Specific Relief Act provides for the situation 'when the instrument may be rectified':

Section 24

Section 26

Section 36

Section 34

View Answer

Correct Answer: B — Section 26

Explanation:

Section 26. Section 26- 'When instrument may be rectified(1) When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing [not being the articles of association of a company to which the Companies Act, 1956 (1 of.