Indian Contract Act Section 43 — Any one of joint promisors may be compelled to perform
CHAPTER IV OF THE PERFORMANCE OF CONTRACTS — By whom contracts must be performed
Commercial / Corporate
Summary
When two or more people make a joint promise, the person to whom the promise is made can, unless there is a clear agreement saying otherwise, force any one or more of those promisors to perform the entire promise. This means the promisee does not have to chase each promisor separately; they can pick one or several and demand full performance from them.
Each promisor can force the others to contribute equally. In other words, if one joint promisor ends up performing the whole promise, that person can require every other joint promisor to pay their equal share towards the cost of that performance, unless the contract itself shows a different intention.
If any one of the joint promisors fails to pay their share of the contribution, then the remaining joint promisors must share the loss caused by that default equally among themselves. So the burden of a defaulting promisor is spread evenly across the others.
This section does not stop a surety from recovering from the principal any payments the surety made on the principal's behalf. It also does not give the principal any right to recover anything from the surety for payments the principal made. The explanation clarifies that the normal rights between a surety and a principal remain unaffected by this section.
Official Text
When two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any 1[one or more] of such joint promisors to perform the whole of the promise. Each promisor may compel contribution.—Each of two or more joint promisors may compel every other joint promisor to contribute equally with himself to the performance of the promise, unless a contrary intention appears from the contract. Sharing of loss by default in contribution.—If any one of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.
Explanation.—Nothing in this section shall prevent a surety from recovering from his principal, payments made by the surety on behalf of the principal, or entitle the principal to recover anything from the surety on account of payments made by the principal. Illustrations are compelled to pay the whole sum. They are entitled to recover it from C.