Section 43 - Any one of joint promisers may be compelled to perform : Indian Contract Act
Can Any one of joint promisers may be compelled to perform? Section 43 of Indian Contract Act
Section 43 of Indian Contract Act 1872 : "Any one of joint
promisers may be compelled to perform"
43. When two or more persons make a joint promise, the
promisee may, in the absence of express agreement to the
contrary, compel any one or more of such joint promisers to
perform the whole of the promise.
Each promiser may compel contribution.-Each of two or more
joint promisers may compel every other joint promiser to
contribute equally with himself to the performance of the
promise, unless a contrary intention appears from the contract.
Sharing of loss by default in contribution.-If any one of two
or more joint promisers makes default in such contribution, the
remaining joint promisers must bear the loss arising from such
default in equal shares.
Explanation: Nothing in this section shall prevent a surety
from recovering from his principal, payments made by the surety
on behalf of the principal, or entitle the principal to recover
anything from the surety on account of payments made by the
(a) A, B and C jointly promise to pay D 3,000 rupees. D may
compel either A or B or C to pay him 3,000 rupees.
(b) A, B and C jointly promise to pay D the sum
of 3,000 rupees. C is compelled to pay the whole. A
is insolvent, but his assets are sufficient to pay
one-half of his debts, C is entitled to receive 500
rupees from A's estate, and 1,250 rupees from B.
(c) A, B and C are under a joint promise to pay D 3,000
rupees. C is unable to pay anything, and A is compelled to pay
the whole. A is entitled to receive 1,500 rupees from B.
(d) A, B and C are under a joint promise to pay D 3,000
rupees, A and B being only sureties for C. C fails to pay. A and
B are compelled to pay the whole sum. They are entitled to
recover it from C.