What is 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

Exclusion of evidence to explain or amend ambiguous document and Exclusion of evidence against application of document to existing facts are defined under section 93 and 94 of Indian Evidence Act 1872. Provisions under these sections are:

Section 93 of Evidence Act "Exclusion of evidence to explain or amend ambiguous document"

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 "Rs. 1,000 or Rs. 1,500".
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.

 

Section 94 of Evidence Act "Exclusion of evidence against application of document to existing facts"

When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts.

Illustrations

A sells to B, by deed, "my estate at Rampur containing 100 bighas". A has an estate at Rampur containing 100 bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.

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