Indian Contract Act, 1872 · Chapter IV: Of the Performance of Contracts · By whom contracts must be performed
Section 41: 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.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 41
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Brs Ventures Investments Ltd. v. Srei Infrastructure Finance Ltd. & Anr.
Whether the payment of Rs.38.87 crores to the financial creditor under the resolution plan of the corporate guarantor will extinguish the liability of the principal borrower/corporate debtor to pay the entire amount…
- Citibank N.A. v. Standard Chartered Bank
- Citi Bank N.A. v. Standard Chartered Bank and Ors.