Exception 2.__ Wills admitted to probate in Pakistan may be proved by the probate.
Explanation 1.__This Article applies equally to cases in which the contracts, grants or dispositions
of property referred to are contained in one document and to cases in which they are contained in
more documents than one.
Explanation 2.__ Where there are more originals than one, one original only need be proved.
Explanation 3.__The statement, in any document whatever, of a fact other than the facts referred
to in this Article, shall not preclude the admission of oral evidence as to the same fact.
Illustration
(a) If a contract be contained in several letters, all the letters in which it is contained must be
proved.
(b) If a contract is contained in a bill of exchange, the bill of exchange must be proved.
(c) If a bill of exchange is drawn in a set of three, one only deed be proved.
(d) A contracts, in writing with B, for the delivery of indigo upon certain terms. The contract
mentions the fact that B had paid A the price of other indigo contracted for verbally on
another occasion.
Oral evidence is offered that no payment was made for the other indigo. The evidence is
admissible.
(e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The
evidence is admissible.
103. Exclusion of evidence of oral agreement. When the terms of any such contract, grant or
other disposition of property, or any matter required by law to be reduced to the form of a document,
have been proved according to the last Article, no evidence of any oral agreement or statement
shall be admitted, as between the parties to any such instrument or their representativesin
interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms :
Proviso (1) .__Any fact may be proved which would invalidate any document, or which would
entitle any person to any decree��or order relating thereto; such as fraud, intimidation, illegality, want
of due execution, want of capacity in any contracting party, want or failure of consideration, or
mistake in fact or law.
Proviso (2) .__The existence of any separate oral agreement as to any matter on which a
document is silent, and which is not inconsistent with its terms may be proved. In considering whether
or not this proviso applies, the Court shall have regard to the degree of formality of the document.
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