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IEA, 1872
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IEAChapter VISection 99
Section99

Who may give evidence of agreement varying term of document

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Summary

People who are not parties to a document, or their representatives in interest, may give evidence of facts showing there was a contemporaneous agreement that varied the document's terms. It applies when an oral or side agreement made at the same time alters or contradicts the written document. The consequence is that such evidence can be used to prove the variation.

Example

Priya signs a shop lease saying the tenant will pay all electricity. At the same time the landlord orally agrees with Arjun, who is not a party to the lease, that they will share the meter and split the bill. Arjun may give evidence of that contemporaneous agreement to show the written lease term was varied.

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Enacted text

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.

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VI

Chapter VI

Of the Exclusion of Oral or Documentary Evidence

In this chapter

  • 91Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
  • 92Exclusion of evidence of oral agreement
  • 93Exclusion of evidence to explain or amend ambiguous document
  • 94Exclusion of evidence against application of document to existing facts
  • 95Evidence as to document unmeaning in reference to existing facts
  • 96Evidence as to application of language which can apply to one only of several persons
  • 97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
  • 98Evidence as to meaning of illegible characters, etc
  • 99Who may give evidence of agreement varying term of document
  • 100Saving of provisions of Indian Succession Act relating to wills
Previous · Section 98Evidence as to meaning of illegible characters, etcNext · Section 100Saving of provisions of Indian Succession Act relating to wills