622 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Dispositive and non-dispositive. Dispositive means transactions in which parties dispose of their rights, such as a Contract, grant etc., Non-dispositive means transactions in which no disposition of rights is involved.
The rule embodied in the Evidence Act is twofold :
(i) When a dolcument is a dispositive document and when the matter is such that the law requires it to be reduced to writing no evidence shall be given in proof of the matter except the document. In other words oral Evidence in such cases cannot be substituted for documentary Evidence. But if the document is of a non-dispositive character or if it is one which is not required by law to be reduced to writing then although the transaction may have been reduced to writing yet oral evidence may be given in proof of the transaction.
(ii) If the transaction is a dispositive transaction or is one which is required by law to be in writing then not only oral Evidence cannot be substituted for the documentary Evidence but oral evidence cannot be admitted to contradict, modify or vary the terms of the document
- This rule is contained in Sections 91-92.
§ Exceptions to the Rule contained in Sees. 91-92.
- There are exceptions to this rule. They fall into classes. They must be kept separate. One class deals with cases where the question is whether oral evidence may be substituted for documentary Evidence. The second deals with cases where the question is whether oral evidence may be admitted not to substitute but to modify documentary evidence where the rule requires that the Evidence shall be documentary.
§ Exceptions which permit substitution of oral Evidence for documentary Evidence.
- They are contained in Section 91 and cover the following cases :
(i) Appointment of a Public Officer. (ii) Will may be proved by the probate.