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Section 95: Evidence as to document unmeaning in reference to existing facts

The Indian Evidence Act, 1872Central Act · Act 1 of 1872

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024

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.

Where this provision sits

ActThe Indian Evidence Act, 1872
Section95
Marginal noteEvidence as to document unmeaning in reference to existing facts
JurisdictionCentral
StatusRepealed
Judgments citing it2

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