Evidence as to application of language which can apply to one only of several persons
Chapter 6: Of the exclusion of oral evidence by documentary evidence
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 one thousand rupees, “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 Ramgarh. Evidence may be given of facts showing whether Ramgarh in Rajasthan or Ramgarh in Uttarakhand was meant.
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
- 96Exclusion of evidence to explain or amend ambiguous documentEvidence Act 93
- 97Exclusion of evidence against application of document to existing factsEvidence Act 94
- 98Evidence as to document unmeaning in reference to existing factsEvidence Act 95
- 100Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly appliesEvidence Act 97
- 101Evidence as to meaning of illegible characters, etcEvidence Act 98
- 102Who may give evidence of agreement varying terms of documentEvidence Act 99