Section 92 of Evidence Act "Exclusion of evidence of oral agreement"
When the terms of any such contract, grantor other disposition of property, or any matter required by law to be reduced to the form of a document have been proved according to the last section, no evidence of any oral agreement of statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for purpose of contradicting, varying, adding to, or subtracting from, its terms;
Provision (1) Any fact may be proved which
would invalidate any document, or which would entitle any
person to any decree or order relating thereto; such as
fraud, intimidation, illegality, want of due execution, want
of capacity in any contracting party, 76[want or failure] of
consideration, or mistake in fact or law.
Proviso (2) The existence of any separate oral agreement
as to any matter on which a document is silent, and which is
not inconsistent with its terms, may be proved. In
considering whether or not this proviso applies, the Court
shall have regard to the degree of formality of the
document.
Proviso (3). The existence of any
separate oral agreement, constituting a condition precedent
to the attaching of any obligation under any such contract,
grant or disposition of property, may be proved.
Proviso (4). The existence of any distinct subsequent oral
agreement to rescind or modify any such contract, grant or
disposition of property, may be proved, except in cases in
which such contract grant or disposition of property is by
law required to be in writing, or has been registered
according to the law in force for the time being as to the
registration of documents.
Proviso (5) Any usage or custom by which incidents not
expressly mentioned in any contract are usually annexed to
contracts of that description, may be proved.
Provided that the annexing of such incident would not be
repugnant to, or inconsistent with the express terms of the
contract.
Proviso (6).Any fact may be proved which shows in what
manner the language of a document is related to existing
facts.
Illustration
(a) A policy of insurance is effected on goods "in ships
from Calcutta to London". The goods are shipped in a
particular ship which is lost. The fact that that particular
ship was orally excepted from the policy cannot be proved.
(b) A agrees absolutely in writing to pay B Rs. 1,000 on the
first March, 1873. The fact that, at the same time an oral
agreement was made that the money should not be paid till
the thirty-first March cannot be proved.
(c) An estate called "the Rampore tea estate" is sold by a
deed which contains a map of the property sold. The fact
that the land not included in the map had always been
regarded as part of the estate and was meant to pass by the
deed cannot be proved.
(d) A enters into a written contract with B to work certain
mines, the property of B, upon certain terms. A was induced
to do so by a misrepresentation of Bs as to their value.
This fact may be proved.
(e) A institutes a suit against B for the specific
performance of a contract, and also prays that the contract
may be reformed as to one of its provisions, as that
provision was interested in it by mistake. A may prove that
such a mistake was made as would be law entitle him to have
the contract reformed.
(f) A orders goods of B for the specific performance of a
contract, and also prays that the contract may be reformed
as to one of its provisions, as that provision was inserted
in it by mistake. A may prove that such a mistake was made
as would be law entitle him to have the contract reformed.
(g) A sells B a horse and verbally warrants him sound. A
gives B a paper in these words "Bought of A horse Rs. 500".
B may prove the verbal warranty.
(h) A hires lodgings of B, and gives B a card on which is
written "Rooms, Rs. 200 a month". A may prove a verbal
agreement that these terms were to include partial board.
A hires lodgings of B for a year, and a regularly stamped
agreement, drawn up by an attorney, is made between them, it
is silent on the subject of board, A may not prove that
board was included in the term verbally.
(i) A applies to B for a debt due to A by sending a receipt
for the money. B keeps the receipt and does not send the
money. In a suit for the amount, A may prove this.
(j) A and B make a contract in writing to take effect upon
the happening of a certain contingency. The writing is left
with B, who sues A upon it. A may show the circumstances
under which it was delivered.