Proviso (3) .__ The existence of any separate oral agreement constituting a condition precedent to
the attaching of any obligation under any such contract, grant or disposition of property may be
proved.
Proviso (4) .__ The existence of any distinct subsequent oral agreement to rescind or modify any
such contract, grant, or disposition of property, may be proved, except in cases in which such
contract, grant or disposition of property is by law required to be in writing, or has been registered
according to the law in force for the time being as to the registration of documents.
Proviso (5) .__ Any usage or custom by which incidents not expressly mentioned in any contract
are usually annexed to contracts of that description, may be proved:
Provided that the annexing of such incident would not be repugnant to, or inconsistent with the
express terms of the contract.
Proviso (6) .__ Any fact may be proved which shows in what manner the language of a document
is relied to existing facts.
Illustrations
(a) A policy of insurance is effected on goods "in ships from Karachi to London". The goods
are shipped in a particular ship, which is east. The fact that that particular ship was orally
excepted from the policy cannot be proved.
(b) A agrees absolutely in writing to pay B, Rs. 1,000 on the first March, 1984. The fact that
at the same time, an oral agreement was made that the money should not be paid till the
thirtyfirst March cannot be proved.
(c) An estate called "the Khanpur Estate" is sold by a deed, which contains a map of the
property sold. The fact that land not included in the map had always been regarded as
part of the estate and was meant to pass by the deed cannot be proved.
(d) A enters into a written contract with B to work certain mines the property of B, upon
certain terms. A was induced to do so by a misrepresentation of B's as their value. This
fact may be proved.
(e) A institutes a suit against B for the specific performance of a contract, and also prays that
the contract may be reformed as to one of its provisions, as that provision was inserted in
it by mistake. A may prove that such a mistake was made as would by law entitle him to
have the contract reformed.
(f) A orders goods of B by a letter in which nothing is said as to the time of payment, and
excepts the goods on delivery. B sues A for the price. A may show that the goods were
supplied on credit for a term still unexpired.
(g) A sells B a horse and verbally warrants him sound. A gives B a paper in these words
“Bought of a horse for Rs. 500”. B may prove the verbal warranty.
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