The Indian Evidence Act
95Evidence as to document unmeaning in reference to existing facts
When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.
Illustration
A sells to B, by deed, "my house in Calcutta".
A had no house in Calcutta, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed.
These facts may be proved to show that the deed related to the house at Howrah.
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CHAPTER VI. –– OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
- 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
- 99 Who may give evidence of agreement varying terms of document
- 100 Saving of provisions of Indian Succession Act relating to wills