Section 97 Earlier Evidence Act 94
Exclusion of evidence against application of document to existing facts
Chapter 6: Of the exclusion of oral evidence by documentary evidence
When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts.
Illustration.
A sells to B, by deed, “my estate at Rampur containing one hundred bighas”. A has an estate at Rampur containing one hundred bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.
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
- 94Evidence of terms of contracts, grants and other dispositions of property reduced to form of documentEvidence Act 91
- 95Exclusion of evidence of oral agreementEvidence Act 92
- 96Exclusion of evidence to explain or amend ambiguous documentEvidence Act 93
- 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