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The terms of a written contract have been proved under section 94 of the Bharatiya Sakshya Adhiniyam,…

Once the terms have been proved under section 94, section 95 ordinarily bars oral evidence offered between the parties or their representatives in interest to vary those…

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The terms of a written contract have been proved under section 94 of the Bharatiya Sakshya Adhiniyam, 2023. Assume no proviso to section 95 applies. Between whom does section 95 exclude oral evidence offered to vary those terms?

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Answer and explanation

Correct answer A

Once the terms have been proved under section 94, section 95 ordinarily bars oral evidence offered between the parties or their representatives in interest to vary those terms.

Section 102 addresses evidence of a contemporaneous variation by a person outside that class.

Option feedback

Option A

The principal clause of section 95 identifies parties and their representatives in interest.

Option B

Attesting the document does not of itself make someone a party or representative in interest.

Option C

Reference to the instrument does not extend the statutory class to all litigants.

Option D

Section 102 separately permits qualifying evidence from people outside the specified class.

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