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BSA, 2023
Start Practicing
BSAChapter VISection 96
Section96

Exclusion of evidence to explain or amend ambiguous document

AI Assist

Summary

If a written document is on its face ambiguous or has blanks, outside facts cannot be offered to show what the words meant or to fill the defects. This rule kicks in when the ambiguity or defect is apparent from the document itself. Such external evidence is excluded, so the court must rely on the document as written.

Example

Ravi signs a written agreement to sell a horse to Priya for "one lakh rupees or one lakh fifty thousand rupees." If they later dispute the price, the court will not allow outside evidence to show which amount the parties intended.

Bare Act

Enacted text

When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects.

Illustrations.

  • (a) A agrees, in writing, to sell a horse to B for "one lakh rupees or one lakh fifty thousand rupees". Evidence cannot be given to show which price was to be given.

  • (b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.

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VI

Chapter VI

Of The Exclusion of Oral Evidence by Documentary Evidence

In this chapter

  • 94Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
  • 95Exclusion of evidence of oral agreement
  • 96Exclusion of evidence to explain or amend ambiguous document
  • 97Exclusion of Evidence against application of document to existing facts
  • 98Evidence as to document unmeaning in reference to existing facts
  • 99Evidence as to application of language which can apply to one only of several persons
  • 100Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
  • 101Evidence as to meaning of illegible characters, etc
  • 102Who may give evidence of agreement varying terms of document
  • 103Saving of provisions of Indian Succession Act relating to wills
Previous · Section 95Exclusion of evidence of oral agreementNext · Section 97Exclusion of Evidence against application of document to existing facts