Indian Contract Act, 1872 · Chapter IV: Of the Performance of Contracts · Performance of reciprocal promises
Section 51: Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
In plain words
Where reciprocal promises are to be performed at the same time, a promisor need not perform unless the other party is ready and willing to perform their side.
Example: A is to deliver goods and B is to pay on delivery. A need not deliver unless B is ready to pay, and B need not pay unless A is ready to deliver.
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 contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise.
Illustrations
(a) A and B contract that A shall deliver goods to B to be paid for by B on delivery.
A need not deliver the goods, unless B is ready and willing to pay for the goods on delivery.
B need not pay for the goods, unless A is ready and willing to deliver them on payment.
(b) A and B contract that A shall deliver goods to B at a price to be paid by instalments, the first instalment to be paid on delivery.
A need not deliver, unless B is ready and willing to pay the first instalment on delivery.
B need not pay the first instalment, unless A is ready and willing to deliver the goods on payment of the first instalment.
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 51
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K.S. Manjunath and Others v. Moorasavirappa @ Muttanna Chennappa
Whether the High Court committed any error in passing the impugned judgment whereby it allowed the appeals filed by the vendees and set aside the decree passed by the Trial Court, while granting the relief of specific…
- Ptc India Financial Services Limited v. Venkateswarlu Kari and Another
- United India Insurance Co. Ltd. v. Laxmamma & Ors.
- Chatterjee Petrochem (I) Pvt. Ltd. v. Haldia Petrochemicals Ltd. & Ors.
- Mrs. Saradamani Kandappan v. Mrs. S. Rajalakshmi & Ors.
- National Insurance Co. Ltd. v. Seema Malhotra and Others