VidhiSangh

Indian Evidence Act, 1872

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

Repealed. Repealed from 1 July 2024. Use it for proceedings preserved by BSA section 170, including specified matters that were pending immediately before commencement.

Part II — On Proof

95. 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.

Source: official text of the Indian Evidence Act, 1872.