Indian Contract Act, 1872 · Chapter IV: Of the Performance of Contracts · Time and place for performance
Section 48: Application for performance on certain day to be at proper time and place
In plain words
If a promise is to be performed on a certain day and the promisor has not undertaken to perform without being asked, the promisee must ask for performance at a proper place and during usual business hours. What is proper depends on the facts of each case.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the, promisee to apply for performance at a proper place and within the usual hours of business.
Explanation.—The question "what is a proper time and place" is, in each particular case, a question of fact.
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 48
No Supreme Court judgment in our database cites this section yet.