suit for rectification of instruments under section 31 specific relief act 1877

rectification of instruments or documents.It was recently decided by Supreme Court of Pakistan (2020 SCMR 333)The term 'instrument' has been defined in its ordinary sense, as a written legal document that defines rights, duties, entitlements or liabilities, such as statute, contract, will, promissory note or share certificate and with reference to commercial law, the terms has been defined there as an unconditional promise or order to pay a fixed amount of money or other fixed charges described in the promise or order esp., commercial paper or security, or any other writing that evidences a right to the payment of the money. (Black's Law Dictionary, 10th Edition ref.)PLD 2023 Lahore 61...
2023 CLD 14...

Alteration and novation of Contract ---Difference---Difference existed between alteration and novation of Contract in S. 62 of Contract Act, 1872---Novation is complete substitution of original Contract with a new Contract ---Original Contract remains no more in existence and parties are not required to perform that---Contrarily an alteration of a Contract is variation, modification or change in one or more respects which introduces new elements into details of Contract , cancels some of them but leaves the general purpose and effect undisturbed---Generally modifications are read into and become part of original Contract ---Original terms also continue to be part of the Contract and are not rescinded and/or superseded except in so far as they are inconsistent with the modifications---Those of the original terms which cannot make sense when read with the alterations must be rejected...