Illustration: cannot give evidence of a contemporary agreement

Illustration:

A and  make a contract in writing that  shall sell A certain cotton, to be paid for on delivery. At the same time they make an oral agreement that three month’s credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests.

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Comments:

Section 99 provides that persons who are not parties to a document or their representative in interest to a document cannot give evidence of a contemporary agreement varying the terms of the document. But person who is not party to a document may give evidence if he is affected by it (Illustration). Section 99 is applicable to all types of document.

Under section 92 the parties to the contract or their legal representative cannot be allowed to give oral evidence for the purpose of contradicting, varying, adding to or subtracting from the terms of contract. But this rule of exclusion laid down in Section 92 does not apply to the third party who is not party to the contract. Thus the third party may be allowed to give evidence tending to show a contemporaneous agreement varying the terms of the document.