Of the exclusion of oral by documentary evidence

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Of the exclusion of oral by documentary evidence

when the terms of the contract or of a grant or of any other disposition of property have been reduced to the form of a document and in all cases in which any matter is required by law to be reduced to the form of a document no evidence shall be given in proof of the terms of such contract grant or other disposition of property or of such matter except the document itself or secondary evidence is admissible under the provisions herein before contained.

EXPLANATION 1.–

When the public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer the writing by which he is appointed need not be proved.

EXPLANATION 2.–

Wills admitted to probate in Pakistan may be proved by the probate.

EXPLANATION 3.–

This article applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document and to cases in which they are contained in more documents than one.

EXPLANATION 4.–

where there are more originals than one, one original only need be proved.

EXPLANATION 5.–

The statement, in any document whatever, of a fact other than the facts referred to in this Articles shall not preclude the admission of oral evidences to the same fact.

EXCLUSION OF EVIDENCE OF ORAL AGREEMENT

When the term of the contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last article, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest for the purpose of contradicting, varying, adding to, or subtracting form, its terms;

PROVISO 1.–

Any fact may be proved which would invalidate any document, or which would entitle any person to any decree or order relating thereto; such a fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration, or mistake in fact or law.

PROVISO 2.–

The existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms may be proved. In considering whether or not this proviso applies, the court shall have regard to the degree of formality of the document.

PROVISO 3.–

the existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under such contract, grant or disposition of property, may be proved.

PROVISO 4.–

The existence of any distinct subsequent oral agreement to rescind or modify any such contract, grant, or disposition of property, may be proved, except in cases in which such contract, grant or disposition of property is by law required to be in writing, or has been registered according to the law in force for the time being as to the registration of documents.

PROVISO 5.–

Any usage or custom by which incidents not expressly mentioned in any contract are usually annexed to contracts of that description, may be proved;

provided that the annexing of such incident would not be repugnant to, or inconsistent with, the express terms of the contract.

PROVISO 6.–

Any fact may be proved which shows in what manner the language of a document is related to existing facts.

EXCLUSION OF EVIDENCE AGAINST APPLICATION O DOCUMENT TO EXISTING FACTS.

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

EVIDENCE IN DOCUMENT UNMEANING IN REFERENCE TO EXISTING FACTS.

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.

EVIDENCE AS TO APPLICATION OF LANGUAGE WHICH CAN APPLY TO ONE ONLY OF SEVERAL PERSONS.

When the facts are such that the language used might have been to apply to more than one of several persons of things, evidence may be given the facts which show which of those persons or things it was intended to apply to.

EVIDENCE AS TO APPLICATION OF LANGUAGE TO ONE OF TWO FACTS TO EITHER OF WHICH THE WHOLE CORRECTLY APPLIES.

When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply.

EVIDENCE AS TO MEANING OF ILLEGIBLE CHARACTERS, ETC

Evidence may be given to show the meaning on illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provisional expressions, of abbreviations and of words used in a peculiar sense.

WHO MAY GIVE EVIDENCE OF AGREEMENT VARYING TERMS OF DOCUMENT.

Persons are not the 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.

SAVING OF THE PROVISIONAL OF SUCCESSION ACT RELATING TO WILLS.

Nothing in this chapter contained shall be taken to affect any of the provisions of the succession Act,1925 (xxxix of 1925) as to construction of wills.

Written by

Ad. IMRANA HANIF

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