A sells B a horse and verbally warrants him sound. A gives B a paper in these words "Bought of A a horse for Rs. 500" Whether B can prove the verbal warranty:
Verified Answer
A. Yes
B. Barred under section 92 of Evidence Act
C. No
D. Under section 91 Indian Evidence Act only written documents can be proved
Explanation:
Proviso (2) to Section 92 of the Indian Evidence Act, 1872, allows for the proof of 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. A verbal warranty is a separate agreement and not inconsistent with a simple receipt of sale.