Indian Contract Act Section 49 — Place for performance of promise, where no application to be made and no place fixed for performance

CHAPTER IV OF THE PERFORMANCE OF CONTRACTS — Time and place for performance

Commercial / Corporate

Summary

When a promise must be carried out without the person who is owed the promise asking for it, and no specific place has been agreed upon for doing it, the person making the promise must ask the person owed the promise to choose a reasonable place for the performance. The promisor then has to perform the promise at that chosen place.

Official Text

When a promise is to be performed without application by the promisee, and no place is fixed for the performance of it, it is the duty of the promisor to apply to the promisee to appoint a reasonable place for the performance of the promise, and to perform it at such place. Illustration