Section 98 of the Indian Evidence Act, 1872

Illustration:

A, a sculptor, agrees to sell to B, “all my mods.” A has both models and modeling tools. Evidence may be given to show which he meant to sell.

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Comments:

Section 98 lays down the principle dealing with miscellaneous ambiguity. It permits evidence to be given of illegible characters of foreign, obsolete, technical, local or provincial expressions and words used in a peculiar sense. When such situation arises, expert or person having proper knowledge or skill on particular subject may be called to ascertain the true meaning of such terms. “It should be borne in mind that generally speaking it is not permissible to call a witness to explain to the court what a document means, unless such a witness is an expert under the Evidence Act.” In order to ascertain intended meaning of word “forfeit” and “forfeiture” in resolution of company as well as declaration of Directors in relation to some transaction extrinsic evidence becomes permissible. Extrinsic evidence is admissible to explain but not to vary or contradict a document or when it is inconsistent with the terms.