107. 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.
Illustrations
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 had land in the occupation of Y, but it is not at X. Evidence may be given of
facts which he meant to sell.
108. Evidence as to meaning of illegible character, 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 abbreviation and of words used in a peculiar sense.
Illustrations
A, a sculptor, agrees to sell to B, " All may mods."
A has both models and modelling tools. Evidence may be given to show which he meant to sell.
109. 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 any facts tending to
show a contemporaneous agreement varying the terms of the document.
Illustrations
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 month's 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 interest.
110. Saving of provisions of Succession Act relating to wills. Nothing in this Chapter contained
shall be taken to affect any of the provisions of the Succession Act, 1925 (XXXIX of 1925), as to the
construction of wills.
__________
PART II
ON PROOF
CHAPTER VII
FACTS WHICH NEED NOT BE PROVED
111. Fact Judicially noticeable need not be proved. No fact of which the Court will take
judicial notice need be proved.
112. Facts of which Court must take judicial notice.__ (1) The Court shall take judicial notice
of the following facts: —
(a) All Pakistan laws;
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