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TypeBare Act JurisdictionCentral Government

Indian Contract Act, 1872 Section 40

Person by Whom Promise is to Be Performed

~1 min read
https://sooperkanoon.com/act/14360

Bare act section · Research

About this section

Indian Contract Act, 1872 Section 40 is part of Indian Contract Act, 1872 - Person by Whom Promise is to Be Performed. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

If it appears from the nature of the case that it was the intention of the parties to any contract that any promise contained in it should be performed by the promisor himself, such promise must be performed by the promisor. In other cases, the promisor or his representatives may employ a competent person to perform it.

Illustrations

(a) A promises to pay B a sum of money. A may perform this promise, either by personally paying the money to B or by causing it to be paid to B by another; and, if A dies before the time appointed for payment, his representatives must perform the promise, or employ some proper person to do so.

(b) A promises to paint a picture for B. A must perform this promise personally.

Frequently asked questions

What does Indian Contract Act, 1872 Section 40 provide?

Section Section 40 of the Indian Contract Act, 1872 (Person by Whom Promise is to Be Performed) is reproduced on this page as part of the Indian Contract Act, 1872. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Indian Contract Act, 1872 Section 40?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Indian Contract Act, 1872 Section 40. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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