Report No. 185

57. Substitution of section 99.-

For section 99 of the principal Act the following section shall be substituted, namely:-

"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."