Can Any one of joint promisers may be compelled to perform? Section 43 of Indian Contract Act 1872
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 principal.
(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.
Section 41 - Effect of accepting performance from third person
Section 42 - Devolution of joint liabilities
Section 43 - Any one of joint promisers may be compelled to perform
Section 44 - Effect of release of one joint promiser
Section 45 - Devaluation of joint rights
Time and place for performance
Section 46 - Time for performance of promise, where no application is to be made and no time is specified
Section 47 - Time and place for performance of promise, where time is specified and no application to be made
Section 48 - Application for performance on certain day to be at proper time and place
Section 49 - Place for performance of promise, where no application to be made and no place fixed for performance
Section 50 - Performance in manner or at time prescribed or sanctioned by promisee
Performance of reciprocal promises
Section 51 - Promiser not bound to perform, unless reciprocal promisee ready and willing to perform
Section 52 - Order of performance of reciprocal promises
Section 53 - Liability of party preventing event on which the contract is to take effect
Section 54 - Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises
Section 55 - Effect of failure to perform at fixed time, in contract in which time is essential
Section 56 - Agreement to do impossible act
Section 57 - Reciprocal promise to do things legal, and also other things illegal
Section 58 - Alternative promise, one branch being illegal
Appropriation of payments
Section 59 - Application of payment where debt to be discharged is indicated
Section 60 - Application of payment where debt to be discharged is not indicated