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Section 97: Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies

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Repealed.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 Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024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 the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply.

Illustration

A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in the occupation of Y, and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell.

Where this provision sits

ActThe Indian Evidence Act, 1872
Section97
Marginal noteEvidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
JurisdictionCentral
StatusRepealed
Judgments citing it5

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