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Sunday, May 18, 2014

Section 96 of the Evidence Act, 1872

Section 96 of the Evidence Act, 1872-Evidence as to application of language which can apply to one only of several persons.—

When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons of things it was intended to apply to.

Illustrations

(a)           A agrees to sell to B, for Rs. 1,000, "my white horse". A has two white horses. Evidence may be given of facts which show which of them was meant.

(b)          A agrees to accompany B to Haidarabad. Evidence may be given of facts showing whether Haidarabad in the Dekkhan or Haidarabad in Sindh was meant.

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