INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
95. Evidence as to document unmeaning in reference to existing facts.
98. Evidence as to document unmeaning in reference to existing facts.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
95. Evidence as to document unmeaning reference to existing facts. –– 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 Calcutta”.
A had no house in Calcutta, 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.
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Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
98. Evidence as to document unmeaning in reference to existing facts.—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.
37
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.
Current law India Code — BSA 2023