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Section 49, Contract Act 1872: Place For Performance Of Promise (No Application Made, No Place Fixed)

Section 49 under the Chapter IV (Of the performance of contracts, Contracts which must be performed) of the Contract Act, 1872 of India - 'Place for the performance of promise, where no application to be made and no place fixed for performance', is reproduced hereunder:—

“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 a 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.”

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