QSO 1984 § Article 103 — Exclusion of evidence of oral agreement

Statutory text (English)

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 representatives-in-
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.
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
thirty-first 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.
(h) A hires lodging of B, and gives a card on which is written "Rooms, Rs. 200 a month." A
may prove a verbal agreement that these terms were to include partial board.
A hires lodging of B for a year, and regularly stamped agreement, drawn up by an
advocate, is made between them. It is silent on the subject of board. A may not prove that
board was included in the terms verbally.
(i) A applies to B for a debt due to A by sending a receipt for the money. B keeps the receipt
and does not send the money. In a suit for the amount A may prove this.
(j) A and B make a contract in writing to take effect upon the happening of a certain
contingency. The writing is left with B, who sues A upon it. A may show the
circumstances under which it was delivered.

Source and verification

Source citation: Qanun-e-Shahadat Order, 1984 (P.O. No. X of 1984) Art. 103: Pakistan Code portal consolidated official PDF 'THE QANUN-E-SHAHADAT ORDER 1984 (LAW OF EVIDENCE)' (P.O. No. X of 1984, last amended 2017-02-16 incl. Act No. IV of 2017), p. 48, 49, 50, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 48, 49, 50) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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