Section 26(2)

(2) If, in any suit in which a contract or other instrument is sought to be rectified under sub- section ( 1), the court finds that the instrumen t, through fraud or mistake, does not express the real intention of the parties, the court may , in its discretion, direct rectification of the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by third per sons in good faith and for value .