Who may give evidence of agreement varying terms of document.

What this section does

Third parties who are not parties to a document, or their representatives in interest, may give evidence of a contemporaneous oral agreement that varies the terms of the document. This is an exception to the general rule that parties cannot contradict their own written contract by oral evidence. Such evidence is admissible only when the third party's interests are affected.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Non-parties to a document may prove a contemporaneous agreement varying its terms, even where the parties themselves could not.

When it applies

• A and B make a written contract for sale of cotton payable on delivery, but orally agree to three months' credit — C, whose interests are affected, may prove the oral agreement though A and B cannot.
• A third-party creditor seeks to show that a written assignment between two parties was subject to a contemporaneous oral condition — such evidence is admissible from the third party.

Derived from IEA s.99.