BSA Section 97 — Exclusion of evidence against application of document to existing facts

Summary

When the words in a document are clear on their own and they fit the facts of the case exactly, no evidence can be offered to argue that the document was not actually meant to apply to those facts.

For example, if A sells B, by a written deed, "my estate at Rampur containing one hundred bighas," and A does own an estate at Rampur that is exactly one hundred bighas, no evidence can be given to claim that the estate meant to be sold was actually somewhere else and of a different size.

Official Text

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.

Old <-> New Code Mapping

• IEA §94 — Exclusion of evidence against application of document to existing facts