Section 95 Indian Evidence Act 1872
Section 95 of the Indian Evidence Act 1872 is about ‘Evidence as to document unmeaning in reference to existing facts’. It is under Chapter VI of the Act. Chapter VI is titled ‘OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE‘.
Evidence as to document unmeaning in reference to existing facts
When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.
Illustration
A sells to B, by deed, “my house in Calcutta”.
A had no house in Calcutta, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed.
These facts may be proved to show that the deed related to the house at Howrah.
See also:
Section 94 Indian Evidence Act 1872 (Exclusion of evidence against application of document to existing facts)