Section 100 Earlier Evidence Act 97
Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
Chapter 6: Of the exclusion of oral evidence by documentary evidence
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 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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 97Exclusion of evidence against application of document to existing factsEvidence Act 94
- 98Evidence as to document unmeaning in reference to existing factsEvidence Act 95
- 99Evidence as to application of language which can apply to one only of several personsEvidence Act 96
- 101Evidence as to meaning of illegible characters, etcEvidence Act 98
- 102Who may give evidence of agreement varying terms of documentEvidence Act 99
- 103Saving of provisions of Indian Succession Act relating to willsEvidence Act 100