Indian Contract Act Section 48 — Application for performance on certain day to be at proper time and place
CHAPTER IV OF THE PERFORMANCE OF CONTRACTS — Time and place for performance
Commercial / Corporate
Summary
If a promise must be performed on a specific day, and the person making the promise (the promisor) has not agreed to perform it without being asked, then the person entitled to receive the performance (the promisee) must ask for it. This request must be made at the right place and during the normal business hours of that day.
The explanation clarifies that what counts as a proper time and place is not fixed by law. Instead, it depends on the specific facts of each case, so it must be decided based on the circumstances.
Official Text
When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the promisee to apply for performance at a proper place and within the usual hours of business.
Explanation.—The question “what is a proper time and place” is, in each particular case, a question of fact.