Chapter IV - Of the Performance of Contracts
Section 49
Section 49: Place for performance of promise, where no application to be made and no place fixed for performance
Where no place is fixed and the promisor must perform without a request, the promisor should seek a reasonable place from the promisee.
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Need advice on Section 49?
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.
Statutory text
Bare law
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 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.
Introduction
Where performance needs no request but the contract fixes no place, Section 49 requires the promisor to ask the promisee to appoint a reasonable place and then perform there.
Key takeaways
Statutory scope
Where performance needs no request but the contract fixes no place, Section 49 requires the promisor to ask the promisee to appoint a reasonable place and then perform there.
Key check
Confirm the contract fixes no place and performance is due without a request.
Apply the section
Confirm the contract fixes no place and performance is due without a request.
Ask the promisee to appoint a reasonable place and record the response and actual performance.
Illustration
The Act’s jute-delivery illustration requires the seller to ask the buyer to designate a reasonable receiving place before delivering.
Practical checklist
Do
- Request the receiving location in time to perform.
- Keep proof of the designated place and delivery attempt.
Avoid
- Do not choose an arbitrary location and assume it satisfies Section 49.
Frequently asked questions
Who asks for the place?
The promisor must apply to the promisee to appoint a reasonable place.
Can the promisee choose any place?
The statutory wording calls for a reasonable place.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026