812. Forms of proceedings; orders and directions.

The ordinary form in which the aid of the court is invoked is a claim or counterclaim1 for rescission, in which, on discharging the necessary burden of allegation and proof2 and unless countervailed by any affirmative plea successfully raised by the representor3, the representee4 is entitled to relief of a nature to effect the objects already indicated5, that is to say, an order rescinding or setting aside the contract, with or without a prefatory declaration6, and, in certain special cases, an order for the delivery up of the instrument in which the contract is contained or recorded to be