CHAPTER 06 (OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE)

Nothing in this Chapter shall be taken to affect any of the provisions of the Indian Succession Act, 1925 (39 of 1925) as to the construction of wills.

Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document. Illustration. A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the

Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and regional expressions, of abbreviations and of words used in a peculiar sense. Illustration. A, sculptor, agrees to sell to B, “all my mods”. A has both models and modelling tools. Evidence may be given

When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply. Illustration. A agrees to sell to B “my

When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things it was intended to apply to.

When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense. Illustration. A sells to B, by deed, “my house in Kolkata”. A had no house in Kolkata, but it appears that he had

When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. Illustration. A sells to B, by deed, “my estate at Rampur containing one hundred bighas”. A has an estate at

When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations. (a) A agrees, in writing, to sell a horse to B for “one lakh rupees or one lakh fifty thousand rupees”. Evidence cannot be

When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to section 94, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or

When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of