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Chapter IV - Of the Performance of Contracts

Section 48

Section 48: Application for performance on certain day to be at proper time and place

Where the promisee must apply for performance on a specified day, the request must be at the proper place and within usual business hours.

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Need advice on Section 48?

This article is for general information. Refer to the Indian Contract Act, 1872 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

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.

Introduction

Section 48 concerns a fixed-day promise where the promisor has not undertaken to perform without an application. In that setting, the promisee must apply for performance at a proper place and during usual business hours.

Key takeaways

1

Statutory scope

Section 48 concerns a fixed-day promise where the promisor has not undertaken to perform without an application. In that setting, the promisee must apply for performance at a proper place and during usual business hours.

2

Key check

Read whether the contract calls for the promisee to apply or request performance.

Apply the section

Read whether the contract calls for the promisee to apply or request performance.

Keep the request, its timing, location and delivery evidence.

Illustration

If a customer must call for goods on an agreed day, the customer should make that application at a proper place during usual business hours.

Practical checklist

Do

  • Send and preserve the request for performance.
  • Check the contract’s stated place and working hours.

Avoid

  • Do not treat a late-night request at an unsuitable place as automatically proper.

Frequently asked questions

Who must apply for performance?

In the situation described by Section 48, the promisee has that duty.

Is proper time and place fixed by a universal rule?

No. The explanation makes it a question of fact in each case.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026