Section 98 Earlier Evidence Act 95
Evidence as to document unmeaning in reference to existing facts
Chapter 6: Of the exclusion of oral evidence by documentary evidence
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 Kolkata”. A had no house in Kolkata, 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.
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
- 95Exclusion of evidence of oral agreementEvidence Act 92
- 96Exclusion of evidence to explain or amend ambiguous documentEvidence Act 93
- 97Exclusion of evidence against application of document to existing factsEvidence Act 94
- 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