Indian Contract Act Section 41 — Effect of accepting performance from third person

CHAPTER IV OF THE PERFORMANCE OF CONTRACTS — By whom contracts must be performed

Commercial / Corporate

Summary

When a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor.

Official Text

When a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor.

Related Judgments

  • CITI BANK N.A. vs STANDARD CHARTERED BANK AND ORS — Supreme Court of India (2003)
  • KAPUR CHAND GODHA vs MIR NAWAB HIMAYATALIKHAN AZAMJAH — Supreme Court of India (1962)
  • Mr.Mithun; V.Thanks; Mr.Sourabh; Rath; Mr.Nikhil; Varshney, Advs. vs KOHINOOR FOODS LIMITED & ORS — Delhi High Court (2016)
  • ABP NETWORK PRIVATE LIMITED vs MALIKA MALHOTRA — Delhi High Court (2021)
  • THE TRUSTEES OF THE PORT OF MADRAS BY ITS CHAIRMAN vs K. P. V. SHEIK MOHAMED ROWTHER & CO. AND OTHERS — Supreme Court of India (1962)