Amendment status not verified — confirm the current text below against the official source.
When the terms of a contract, or of a grant, or of :1ny other disposition of property, have been reduced to the form of a document, and in all cases in 'which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in . cases in which secondary evidence is admissible under the provisions hereinbefol'e contained. Exception I.-When a public officer is required by law to he appointed in writing, and when it is shown that '" -~~ ~t) so " 1872.] Evidence. ,\ ".-~- that any particular 'person has acted as such officer, the writing by which he is appointed need not be proved. - , Exception 2.- Wills under the Indian Succession Act may be proved by the pr.obate. r Explanation I.-This section applies t:.-}ually to' cases in which the contracts, grants or dispositions of property referred to are. contained in one docu- ment, and to cases in ,vhich they are contained in more documents than one. Explanation 2.- Where there are more originals than one, one original only need be proved. Explanation 3.-The statement, in an~- dOCUDICl1t 'vhatcver, of a fact other than the facts referred to in this section, shall not preclude the .admission of oral evidence as to the same fact. . , . Illustrations. (a.) If a contract be contained in several letters, all the letters in which it is contained must be proved. .(u.) If a contract is contained in a bill of exchange, the , bill of exchange must be proved. (c.) If a bill of exchange is drawn in a set of three, OIle only need be proved. '(d.) A contracts, in writing, with B, for the delivery of indigo, , upon certain terms. The contract mentions the fact that B had })aid A thg price of other indigo contracted for verbally on an~ -other oc~asion. , Oral evidenceis offered that no payment was wade' 101't.hfJ other indigo.. The evidenceis admissible. je.r A gi' B a receipt formoney paid by H. .Oral cvidem~,-, 'is'offeredof the payment. The evidenceis admissible. . 92. When the tcrlTISof any such contract, grant or other disposition of property, or any lllatter required by la~ to be reducerd to the form of a document, h,ave been proved according to the last sec~ion, no evidence of any oral agreement or statement shall he adn1itted, as between the parties to any such instl'u- lllCI+t or 'their representatives in interest, for the }Jurposeof contradieting, varying, adding to, or ::;ub~ t"racting froIn, its terms: j- ~ . ' PrOLWiO (1) ,Hi .. ,c. Exclusion d evidence of oral a.g!'ee. mellt, ~! / / / / })J'(kIM)(]}---Any faet rnay he proved which would inval{;i~te any doclUl1ent, or which would entitle any pcn;on to any decree. or order relating thereto; such as fraud, intimidation, illegality, want of due execu- tion, want of capacity itr an~ycontracting party, want of failure of consideration, or mistake in fact or lavv. Ppoviso (2).-The existence of aJ1V separate oral :_J,~:l'f'('mcntas to any Inatter on which document is ~;ilen J and which is not inconsistent ith its terms, 11laybe proved. In considering wheth, or not this proviso applies, the Court shall have i ~ard to the degree of fornlalityof the document. - Proviso (3).-The existence of any separate ,ora~ agl'COnlent.,constituting' a condition precedent to +,be attaching of any obligation under any such contract, grant 01'dispcsition of property, may be prr,.,...~;J ]Jpo'viso(4).-The existence of any distinct subse. quent oral agreenlent to rescind or modify any such - oontract, grant or disposition of propert-r, may he proved, except in cases in 'which such cor .Ltact,grant or disposition of property is by law-required to be in writing, 01'has been registered according to the law ill force' for the time being as to the registration of flOCU111ents. lJ1~oviso(5).-Any usage or custom by which' inci. deni,s not expressly Inentioned in any contract are usually allne),:ed to contracts of that descri ption, lllav ' " " be proved: Providpd that the annexiT'O" of such incident would not be repugnant to, or 111v0nsistent with, the express terms of the contract. . ]?-rr)1)-{:Y() (6).-,Any fact may be proved which shows in what lUanneI' the language of a document fs ,,-~~ ' t 1' .'. " t ' 1'1313;(-'(l to 8:AJstIng lac s. Itlust1'atiMl8. (a.) A poliey 6f insurance is effected on goods" in. ships from Calcutta. to London." 'fhe goods are shipped in a par- tirular ship which is lost. The fact that that. particular ship wat, orally excepted from the pohcy, cannot be proved. (u.) AClgi'ees :-thsolutely. ill writing to pay B Rs. ] )000 on fhp firs1-1\In,I'I:'h1878. The faet that) at the same time} an oral <Jgrf'rnwnf, ';";!i' made {,hat tlH' money ghould 11otbe paid till (;hc thjrty-HrGI _M'lrch) ('nuno!. be proved. -r EJ)idnl(x. ,- . i .\CT r ,.. \ (1',) "j) :,(i . ~ --- ... -'! ,.,-- ,,- .' . . --+.-' \ -,. , 1, . It)7~, I 1 ] f'/' 1',('OJ ' ( ) J -J . ,'-'r:: i ,fe"~ t' -- (c.) An estate called (the Rampul' tea estate' is ~old by a deed which contains a map of the property sold. The fact,that land not included in the map had always been regen'clod as part of the estate and was meant to p,l,SS by the deed) cannot be proved. (d.) A enters into a written contract with B to \york certain mines, the property of B, upon cert.aIn terms. A r:a.s induced to do so by a misr~presentation of B's a,s to their yahie. 'rhil'; fact ma.y be proved. (e.) A illstitutes a suit against; B for the ::;peeific ance of a contract, and also prays that the contraet l'eformed as to one of its provisions, :.LSthat provision sorted in it by mistake. A may prove that such a was made as would by law entitle him to lw.\'e tb' eontract reformed. (f) A orders goods of B by a letter in which nothing- is said as to the time of payment, and accepts(jhe goods on delivery. B sues A for the price. A may show that the goods were supplied on 'credit for a tel'm still unexpired. (g.) A sells B a horse and verbally warrants him sound. A gives B a paper in these words: 'Bought of A a horse for 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 ~Lregularly stamped agreement, drawn up by an attorney, is made between them., It js silent on the subject of board. A may not prove tlmt board was included in the terms 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 effec'tupon the happening of a certain contingency. '1'he writing is left with B, who sues A upon it. A may show the circumstances under which it was delivered. .