- 22-Apr-2025
- Healthcare and Medical Malpractice
When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects.
(a) A agrees, in writing, to sell a horse to B for one lakh rupees or one lakh fifty thousand rupees. Evidence cannot be given to show which price was to be given.
(b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.
Section 96 of the Bhartiya Sakshya Adhiniyam, 2023 addresses situations where the language in a document is ambiguous or defective. It explicitly states that no evidence can be introduced to clarify or amend the document’s meaning.
A: It states that when a document is ambiguous or defective, no evidence may be provided to explain its meaning or to correct its defects.
A: No, evidence cannot be given to clarify how the blanks were intended to be filled.
A: An example is an agreement to sell a horse for one lakh rupees or one lakh fifty thousand rupees, where it's unclear which price is applicable.
1. Ambiguous Pricing: A writes to B that he will sell a horse for one lakh rupees or one lakh fifty thousand rupees. This creates ambiguity about the actual selling price, and no evidence can clarify which amount is correct.
2. Document with Blanks: A deed has blanks that were not filled in. In this case, evidence cannot be provided to indicate what those blanks were meant to contain.
Section 96 emphasizes the importance of clarity in documents, indicating that once a document is deemed ambiguous or has defects, parties cannot introduce external evidence to clarify or amend the language used. This maintains the integrity of the written agreement as it stands.
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