IEA Section 95: Evidence as to document unmeaning in reference to existing facts
Indian Evidence Act, 1872 · Chapter 6: The Exclusion Of Oral By Documentary Evidence
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
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 Calcutta".
A had no house in Calcutta, but it appears that he had a house at Howrah, at which B had been in possession since the execution of the deed.
These facts may be proved to show that the deed related to the house of Howrah.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
- 92. Exclusion of evidence of oral agreement
- 93. Exclusion of evidence to explain or amend ambiguous document
- 94. Exclusion of evidence against application of document to existing facts
- 96. Evidence as to application of language which can apply to one only of several persons
- 97. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
- 98. Evidence as to meaning of illegible characters, etc
- 99. Who may give evidence of agreement varying term of document
- 100. Saving of provisions of Indian Succession Act relating to wills