Section 97 in Indian Evidence Act 1872
Title: Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies
When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply.
A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in the occupation of Y, and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell.
Title: Evidence as to meaning of illegible characters etc
Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressions, of abbreviations and of words used in a peculiar sense.
A, sculptor, agrees to sell to B, "all my mods". A has both models and modelling tools. Evidence may be given to show which he meant to sell.
Title: Who may give evidence of agreement varying terms of document
Persons who are not parties to a document, or their representatives in interest, may give evidence of anyfacts tending to show a contemporaneous agreement varying the terms of the document.
A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same time they make an oral agreement that three months 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.
Title: Saving of provisions of Indian Succession Act relating to wills
Nothing in this Chapter contained shall be taken to affect any of the provisions of the Indian Succession Act, 1865 1(10 of 1865) as to the construction of wills.
1. See now the Indian Succession Act, 1925 (39 of 1925), Pt. VI, Ch. VI.
Title: Burden of proof
Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.
(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime.
(b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts.