LawgistThe Indian Evidence Act
97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
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.
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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
