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'A' sells a horse to 'B' and verbally warrants him sound. 'A' gives 'B' a paper in these words: "Bought…

This scenario corresponds to Illustration (g) to Section 95 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 92 of the Indian Evidence Act, 1872). Under the second…

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'A' sells a horse to 'B' and verbally warrants him sound. 'A' gives 'B' a paper in these words: "Bought of 'A' a horse for ₹ 1,000." If 'B' seeks to prove the verbal warranty, this evidence is –

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Correct answer A

This scenario corresponds to Illustration (g) to Section 95 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 92 of the Indian Evidence Act, 1872). Under the second proviso to Section 95, 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 having regard to the degree of formality of the document; hence 'B' may prove the verbal warranty and the evidence is "Admissible".

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