When the terms of a 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 of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained.
Exception 1.- When a 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.
Exception 2. - Wills 1[admitted to probate in 2[India]] may be proved by the
probate.
Explanation 1.- This section 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 2. - Where there are more originals than one, one original only need be proved.
Explanation 3. - The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact.
Illustrations
(a) If a contract be contained in several letters, all the letters in which it
is contained must be proved.
(b) If a contract is contained in a bill of exchange, the bill of exchange must be proved.
(c) If a bill of exchange is drawn in a set of three, one only need be proved.
(d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion.
Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible.
(e) A gives B a receipt for money paid by B.
Oral evidence is offered of the payment.
The evidence is admissible.
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1. Subs. by Act 18 of 1872, s. 7, for under the Indian Succession Act.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for the States.
Section 90A Presumption as to electronic records five years old
Section 92 Exclusion of evidence of oral agreement
Section 93 Exclusion of evidence to explain or amend ambiguous document
Section 94 Exclusion of evidence against application of document to existing facts
Section 95 Evidence as to document unmeaning in reference to existing facts
Section 96 Evidence as to application of language which can apply to one only of several persons
Section 98 Evidence as to meaning of illegible characters, etc
Section 99 Who may give evidence of agreement varying terms of document
Section 100 Saving of provisions of Indian Succession Act relating to wills