IEA Section 96: Evidence as to application of language which can apply to one only of several persons
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Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).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 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.
Illustrations
(a) A agrees to sell to B, for Rs. 1,000, "my white horse". A has two white horses. Evidence may be given of facts which show which of them was meant.
(b) A agrees to accompany B to Hyderabad. Evidence may be given of facts showing whether Haidarabad in the Dekkhan or Haidarabad in Sindh was meant.
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
- 95. Evidence as to document unmeaning in reference to existing facts
- 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