Section 102 Earlier Evidence Act 99
Who may give evidence of agreement varying terms of document
Chapter 6: Of the exclusion of oral evidence by documentary evidence
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 months’ 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.
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
- 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
- 103Saving of provisions of Indian Succession Act relating to willsEvidence Act 100