Report No. 185

Section 93

In the 69th Report, it was stated (see para 44.21) that section 93 does not require any change. We agree.

Section 94

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

Section 95

In para 44.4 of the 69th Report, it was stated that this section does not require any amendment. We agree.

Section 96

We agree with the 69th Report, para 44.6 that the section does not require any amendment.

Section 97

We agree with para 44.10 of the 69th Report that section 97 does not require any amendment.

Section 98

We agree with para 44.14 of the 69th Report that section 98 does not require any change.

Section 99

We agree with the proposals in the 69th Report (para 44.27) but recommend the following revised draft :-

"99. Who may give evidence of agreement varying the terms of a document.- Evidence of any fact tending to show a contemporaneous agreement contradicting, varying, adding to, or subtracting from the terms of a document may be give.-

(a) as between persons who are not parties to the document or their representatives in interest; or

(b) as between a person who is a party to the document or his representative in interest and a person who is not such party or representative in interest:

Provided that no such evidence shall be given where the matter is required by law to be reduced to writing.

Illustration

A and B make a contract in writing that B shall sell 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."

Section 100

In the 69th Report pointed that the words "Indian Succession Act, 1865 (10 of 1865)" be substituted by the words "Indian Succession Act, 1923 (39 of 1925)." We agree.