BSA · Bharatiya Sakshya Adhiniyam, 2023
Section 102 — Who may give evidence of agreement varying terms of document.
Replaces Evidence Act Section 99.
Persons who are not 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. Illustration. A and B make a contract in writing that B shall sell A 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.
Nearby sections
- 99 Evidence as to application of language which can apply to one only of several persons.
- 100 . Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.
- 101 Evidence as to meaning of illegible characters, etc.
- 103 Saving of provisions of Indian Succession Act relating to wills.
- 104 Burden of proof.
- 105 On whom burden of proof lies.
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