parties to such a document cannot be permitted to let in parol evidence to substantiate any subsequent arrangement which has effect of modifying earlier written ... document. If such parole evidence is permitted it would divest the rights of other parties to the written document. We are, therefore, of the view
best
evidence principle and it excludes extrinsic evidence of the
terms."
26. Section 92 of the Indian Evidence Act mandates that no
evidence ... such instruments or their representatives
in interest are prevented from leading parol evidence of any oral
agreement or statement to contradict, vary
parties
to such a document cannot be permitted to let in
parol evidence to substantiate any subsequent
arrangement which has effect of modifying earlier
written ... document. If such parol evidence is
permitted it would divest the rights of other parties
to the written document. We are, therefore, of the
view
held that "proviso (1) of Section 92 permits leading of parol
evidence of any fact which would invalidate any document, at
the instance ... such contract, grant or disposition of property. It
makes the parol evidence admissible to show that the prior
written contract has been waived or replaced
submitted, the respondent
should not have been permitted to lead parole
evidence in support of the contention. Section 91 of
the Evidence Act provides that ... Trial Court was right in permitting
the respondent to lead parole evidence in support
of her plea that the sale deed dated January
submitted, the respondent should not have been permitted to lead parol evidence in support of the contention. Section 91 of the Evidence Act provides that ... trial court was right in permitting the respondent to lead parol evidence in support of her plea that the sale deed dated January
further pointed out that no inference could be drawn by leading parole evidence under Section 91 of the Indian Evidence Act, 1872 (for brevity ... other argument raised by the learned counsel that no parole evidence under Section 91 of the Act could be produced, has also not impressed
with the defendants. The contention before the Bench was that such parol evidence was inadmissible under Section 92 of the Evidence Act. Though the then ... following observations :
My. Srinivasa Aiyangar objects to the admission of this parol evidence. He relies upon Section 92 of the Evidence Act and quotes
Venugopal Pillai & Ors.; (2000) 7 SCC
104, no parol evidence will be admissible to substantiate such an
oral contract or disposition. A document which ... alteration or substitution of such written document is permissible
by parol evidence and it is only by another written document that
the terms of earlier
submitted, the respondent should not have been permitted
to lead parole evidence in support of the contention.
Section 91 of the Evidence Act provides that ... trial Court
was right in permitting the respondent to lead parole
evidence in support of her plea that the sale deed dated
January
