IEA Section 99: Who may give evidence of agreement varying term of document
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Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
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 same time they make an oral agreement that three month’s credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests.
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
- 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
- 100. Saving of provisions of Indian Succession Act relating to wills