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Report No. 185

Section 94

This section refers to 'exclusion of evidence against application of document to existing facts'. It reads as follows:

"94. When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts."

This section does not refer to any patent or latent ambiguity. It says that if the language is crystal clear, and applies correctly or definitely to existing facts, no evidence can be allowed to say that the parties intended to mean something else.

We agree with para 44.3 of the 69th Report that Section 94 does not require any change.

Review of the Indian Evidence Act, 1872 Back

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