Exclusion of evidence of oral agreement is defined under section
92 of Indian Evidence Act 1872.
this section is:
Section 92 of
"Exclusion of evidence of oral agreement"
When the terms
of any such contract, grantor other disposition of property,
or any matter required by law to be reduced to the form of a
document have been proved according to the last section, no
evidence of any oral agreement of statement shall be
admitted, as between the parties to any such instrument or
their representatives in interest, for purpose of
contradicting, varying, adding to, or subtracting from, its
Provision (1) Any fact may be proved which
would invalidate any document, or which would entitle any
person to any decree or order relating thereto; such as
fraud, intimidation, illegality, want of due execution, want
of capacity in any contracting party, 76[want or failure] of
consideration, or mistake in fact or law.
Proviso (2) The existence of any separate oral agreement
as to any matter on which a document is silent, and which is
not inconsistent with its terms, may be proved. In
considering whether or not this proviso applies, the Court
shall have regard to the degree of formality of the
Proviso (3). The existence of any separate
oral agreement, constituting a condition precedent to the
attaching of any obligation under any such contract, grant
or disposition of property, may be proved.
Proviso (4). The existence of any distinct subsequent oral
agreement to rescind or modify any such contract, grant or
disposition of property, may be proved, except in cases in
which such contract grant or disposition of property is by
law required to be in writing, or has been registered
according to the law in force for the time being as to the
registration of documents.
Proviso (5) Any usage or custom by which incidents not
expressly mentioned in any contract are usually annexed to
contracts of that description, may be proved.
Provided that the annexing of such incident would not be
repugnant to, or inconsistent with the express terms of the
Proviso (6).Any fact may be proved which shows in what
manner the language of a document is related to existing
(a) A policy of insurance is effected on goods "in ships
from Calcutta to London". The goods are shipped in a
particular ship which is lost. The fact that that particular
ship was orally excepted from the policy cannot be proved.
(b) A agrees absolutely in writing to pay B Rs. 1,000 on the
first March, 1873. The fact that, at the same time an oral
agreement was made that the money should not be paid till
the thirty-first March cannot be proved.
(c) An estate called "the Rampore tea estate" is sold by a
deed which contains a map of the property sold. The fact
that the land not included in the map had always been
regarded as part of the estate and was meant to pass by the
deed cannot be proved.
(d) A enters into a written contract with B to work certain
mines, the property of B, upon certain terms. A was induced
to do so by a misrepresentation of Bs as to their value.
This fact may be proved.
(e) A institutes a suit against B for the specific
performance of a contract, and also prays that the contract
may be reformed as to one of its provisions, as that
provision was interested in it by mistake. A may prove that
such a mistake was made as would be law entitle him to have
the contract reformed.
(f) A orders goods of B for the specific performance of a
contract, and also prays that the contract may be reformed
as to one of its provisions, as that provision was inserted
in it by mistake. A may prove that such a mistake was made
as would be law entitle him to have the contract reformed.
(g) A sells B a horse and verbally warrants him sound. A
gives B a paper in these words "Bought of A horse Rs. 500".
B may prove the verbal warranty.
(h) A hires lodgings of B, and gives B a card on which is
written "Rooms, Rs. 200 a month". A may prove a verbal
agreement that these terms were to include partial board.
A hires lodgings of B for a year, and a regularly stamped
agreement, drawn up by an attorney, is made between them, it
is silent on the subject of board, A may not prove that
board was included in the term verbally.
(i) A applies to B for a debt due to A by sending a receipt
for the money. B keeps the receipt and does not send the
money. In a suit for the amount, A may prove this.
(j) A and B make a contract in writing to take effect upon
the happening of a certain contingency. The writing is left
with B, who sues A upon it. A may show the circumstances
under which it was delivered.
Evidence of terms of contracts, grants and other
dispositions of property reduced to form of document? Section
91 of Indian Evidence Act 1872
Exclusion of evidence of oral agreement? Section
92 of Indian Evidence Act 1872
Exclusion of evidence to explain or amend ambiguous
document? What is Exclusion of evidence against application
of document to existing facts? Section
93 and 94 of Indian Evidence Act 1872
Evidence as to document unmeaning in reference to existing
facts? What is Evidence as to application of language which
can apply to one only of several persons? Section
95 and 96 of Indian Evidence Act 1872
Evidence as to application of language to one of two sets of
facts, to neither of which the whole correctly applies?
Evidence as to meaning of illegible characters, etc? Section
97 and 98 of Indian Evidence Act 1872
Who may give evidence of agreement varying terms of
document? What is Saving of provisions of Indian Succession
Act, relating to wills? Section
96 and 100 of Indian Evidence Act 1872
What is Burden of proof? On whom burden of proof lies? Section
101 and 102 of Indian Evidence Act 1872
What is Burden of proof as to particular fact? Is Burden of
proving fact to be proved to make evidence admissible?
Section 103 and 104 of Indian Evidence Act 1872
What is Burden of proving that case of accused comes within
exceptions? What is Burden of proving fact especially within
knowledge? Section 105 and 106 of Indian Evidence Act 1872
What is Burden of proving death of person known to have been
alive within thirty years Burden of proving that person is
alive who has not been heard of for seven years? Section 107
and 108 of Indian Evidence Act 1872
What is Burden of proof as to relationship in the cases of
partners, landlord and tenant, principal and agent? Who has
Burden of proof as to ownership? Section 109 and 110 of
Indian Evidence Act 1872