Section41
The Indian Contract Act, 1872

Effect of accepting performance from third person

In force From 01 Sep 1872 Act 9 of 1872 As on 16 Oct 2026

Act 9 of 1872 Ministry Law and Justice Enacted 25 Apr 1872 In force 01 Sep 1872

Section 41 of the Indian Contract Act, 1872 deals with effect of accepting performance from third person. When a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor. The Act came into force on 01 Sep 1872.

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

Section 41, The Indian Contract Act, 1872 (Act 9 of 1872).

Questions about Section 41

What does Section 41 of the Indian Contract Act deal with?

Section 41 of the Indian Contract Act is headed "Effect of accepting performance from third person". When a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor.

How do I find court cases under Section 41 of the Indian Contract Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Contract Act 41, section 41 Contract Act, section 41 of the Indian Contract Act. People searching for it also type contract disputes act 41 usc 7101 and contract disputes act 41 usc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

When did Section 41 of the Indian Contract Act come into force?

Section 41 of the Indian Contract Act, cited as Contract Act 41, came into force on 01 Sep 1872, having been enacted on 25 Apr 1872. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.