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Section 99 - Who may give evidence of agreement varying terms of document | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 99The Bharatiya Sakshya Adhiniyam, 2023 Section 102

Indian Evidence Act, 1872

Section 99

Who may give evidence of agreement varying terms of document

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Indian Evidence Act, 1872

99. Who may give evidence of agreement varying terms of document

Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document.

Illustration

A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same time they make an oral agreement that three months’ credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 102

Who may give evidence of agreement varying terms of document

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The Bharatiya Sakshya Adhiniyam, 2023

102. Who may give evidence of agreement varying terms of document.

Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document.

Illustration.

A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same time, they make an oral agreement that three months' credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests.

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