quantity' or 'quality' of
evidence or of 'little evidence' or of 'evidence which does
not measure-up in quality ... construction of
documents; they also indicate when and under
what circumstances extrinsic evidence could be
26
relied upon in construing the terms of a
document
Section 81 in The Indian Succession Act, 1925
81. Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.—
Where there is an ambiguity ... deficiency on the face of a Will, no extrinsic evidence as to the intentions of the testator shall be admitted. Illustrations
view that it was permissible for the Court to determine by extrinsic evidence, such as acts done under the agreement, the true meaning ... Evidence Act, it was held by the Supreme Court that extrinsic evidence to determine the effect of an instrument is permissible where there remains
words of a Will are unambiguous, but it is found by extrinsic evidence that they admit of application, one only of which can have been ... intended by the testator, extrinsic evidence may be taken to show which of these applications was intended. Illustrations (i) A man, having two cousins
been meant to apply to more than one of those prices, extrinsic evidence can be given under Section 96 of the Evidence Act to show ... evidence in the present case. It may be mentioned that no oral evidence has been led in this case by either party, and the extrinsic
circumstance, the arbitral tribunal, inter alia, took recourse to extrinsic evidence
to interpret Clause 13.2 of the Contract obtaining between the parties. The
extrinsic evidence ... interpretation obtaining in India pertaining to written
contracts. While no extrinsic evidence can be led to contradict, vary, add to or
subtract from terms
also called, construction of documents with the aid of extrinsic evidence. Of them, Sections 93 to 97 are germane for consideration here. Coming within ... deal with latent ambiguity. In case of patent ambiguity, no extrinsic evidence is permissible and in case of latent ambiguity extrinsic evidence may be given
Section 92 of the Indian Evidence Act, and the aforesaid decision of the Supreme Court it becomes evident that, extrinsic evidence can be taken into ... light of extrinsic evidence adduced by the parties, namely the evidence of D. W. 1. Appreciation of the evidence of D. W. 1 will
conditions stipulated in the NIT which, inter alia, provided that no extrinsic evidence could be taken. Therefore, it was neither permissible nor proper ... contentions for consideration in the same sequence.
a) RE: ARGUMENT ON EXTRINSIC EVIDENCE:
8. Learned counsel for the petitioner opened his argument by submitting that
terms of the document are clear and unambigu-
ous, extrinsic evidence to ascertain the true intention of
the parties is inadmissible because section ... proviso to the
section can be invoked which permits tendering of extrinsic
evidence as to acts, conduct and surrounding circumstances
to enable the Court
