IEA Section 97: Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
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Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).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 language used applies partly to one set 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.
¶ Illustrations
¶A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in the occupation of Y, and he has land in the occupation of Y, but it is not at X. Evidence may be given of facts showing which he meant to sell.
Study: explanations and related material
Now BSA 100 (corresponding section). IEA → BSA converterSource: BPR&D BSA–IEA corresponding section table (UP Police, 2024-07-03), p11
Official reference: Legislative Department, Assam: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the 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
- 96. Evidence as to application of language which can apply to one only of several persons
- 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