Place for performance of promise, where no application to be made and no place fixed for performance
Section 49 of the Indian Contract Act, 1872 deals with place for performance of promise, where no application to be made and no place fixed for performance. 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. The Act came into force on 01 Sep 1872.
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
A undertakes to deliver a thousand maunds of jute to B on a fixed day. A must apply to B to appoint a reasonable place for the purpose of receiving it, and must deliver it to him at such place.
Section 49, The Indian Contract Act, 1872 (Act 9 of 1872).
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… But even if it is assumed that place of transaction is not indicated in the plaint, the principal that "debtor must seek the creditor" should apply. A Division Bench of this Court in Ramasubramoniam v. Ranganathan (1978 KLT 906) has held with reference to Section 49 of the Indian Contract Act, 1872 that even when the contract is silent as to the place of performance implied terms cannot be read and that promisor is obliged to perform the contract at the place where the promisee resides, on the basis of the English Common Law Rule that debtor is bound to seek out the creditor. …
Questions about Section 49
What does Section 49 of the Indian Contract Act deal with?
Section 49 of the Indian Contract Act is headed "Place for performance of promise, where no application to be made and no place fixed for performance". 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.
How do I find court cases under Section 49 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 49, section 49 Contract Act, section 49 of the Indian Contract Act. People searching for it also type indian contract act section 49. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 49 of the Indian Contract Act come into force?
Section 49 of the Indian Contract Act, cited as Contract Act 49, 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
- 73. Compensation for loss or damage caused by breach of contract1822 words
- 23. What considerations and objects are lawful, and what not596 words
- 74. Compensation for breach of contract where penalty stipulated for577 words
- 28. Agreements in restraint of legal proceeding void512 words
- 25. Agreement without consideration, void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation law423 words
- 16. "Undue influence" defined397 words
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 15 Oct 2026. This page is not a substitute for legal advice.