Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 97: Exclusion of evidence against application of document to existing facts
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.
Illustration:
A sells to B, by deed, my estate at Rampur containing one hundred bighas. A has an estate at Rampur containing one hundred bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.
Brefe Detail
This section establishes that when a document's language is clear and it accurately describes existing facts, evidence cannot be introduced to argue that the document was meant to apply to different facts. This upholds the integrity of the document's language and intent.
Question & Answers
Q1: What does Section 97 of the Bhartiya Sakshya Adhiniyam state?
A1: It states that if the language of a document is clear and it applies to existing facts, no evidence can be presented to show that it was meant to apply to different facts.
Q2: Can evidence be introduced if the language of the document is plain?
A2: No, evidence cannot be introduced to contradict the clear language of the document regarding its application to existing facts.
Q3: What is an example given in this section?
A3: An example is provided where A sells B my estate at Rampur containing one hundred bighas, and A indeed has such an estate. Evidence cannot be introduced to claim that the estate referred to is elsewhere or of a different size.
Example
- If A sells to B an estate described as my estate at Rampur containing one hundred bighas, and A has an estate matching that description, no evidence can be introduced to suggest it was another estate.
Summary
Section 97 emphasizes the importance of the clear language used in documents. When such language accurately describes existing facts, it prevents the introduction of contradictory evidence, thereby maintaining the document's intended meaning and purpose.
