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1The Evidence Act, 1872

( ACT NO. I OF 1872 )

[ 15th March, 1872 ]

Part II

ON PROOF

Chapter VI

OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE

Who may give evidence of agreement varying terms of document

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.

  • 1
    Throughout this Act, except otherwise provided, the words "Bangladesh", "Government" and "Taka" were substituted, for the words "Pakistan", "Central Government" and "rupees" or "Rs." respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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