Evidence as to document unmeaning in reference to existing facts.

What this section does

When the language of a document is plain in itself but is unmeaning or inapplicable in reference to existing facts (latent ambiguity), evidence may be given to show that the language was used in a peculiar sense. This allows extrinsic evidence to give effect to the document where literal application is impossible.

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

The rule in one line

Where plain documentary language is unmeaning as applied to existing facts, extrinsic evidence of a peculiar or special meaning is admissible.

When it applies

• A deed conveys 'my house in Kolkata' but the seller had no house in Kolkata — evidence that the parties meant a house at Howrah is admissible.
• A contract refers to 'my ship the Peerless' but two ships bear that name — evidence to identify which ship was meant is admissible.

Derived from IEA s.95.