Section 47 Indian Contract Act 1872 - Time and Place for Performance

Section 47 of the Indian Contract Act, 1872 deals with a promise that is to be performed on a specified day when the promisor has undertaken to perform it without any application or demand by the promisee.

What does Section 47 provide?

Where a contract fixes a certain day for performance and the promisor has undertaken to perform without an application by the promisee, Section 47 governs when and where the promisor may validly perform the promise.

Section 47 - statutory rule:

When a promise is to be performed on a certain day, and the promisor has undertaken to perform it without application by the promisee, the promisor may perform it at any time during the usual hours of business on that day and at the place at which the promise ought to be performed.

The provision therefore focuses on three connected matters: a fixed day for performance, performance without a prior application by the promisee, and performance during the usual business hours at the proper place.

Meaning and essential requirements

A certain day must be fixed: the contractual obligation must be due for performance on an identified day.
No application by the promisee is required: the promisor has undertaken to perform without waiting for a request or demand from the promisee.
Performance must be during usual business hours: an attempted performance outside the ordinary hours relevant to the transaction may not satisfy the section.
Performance must be at the proper place: the promisor must perform at the place at which the promise ought to be performed under the contract and the applicable rules governing performance.

Illustration under Section 47

A promises to deliver goods at B's warehouse on 1 January. If A brings the goods to B's warehouse only after its usual closing hour and the goods are not received, A has not performed the promise. The illustration shows why both the agreed day and the proper business hours matter.

How Section 47 fits with Sections 46 to 50

Sections 46 to 50 form a connected group dealing with the time, place and manner of contractual performance. Section 46 applies where no time is specified and no application is required. Section 47 applies where a certain day is specified and no application is required. Section 48 addresses performance on a certain day where application by the promisee is required. Section 49 deals with the place of performance where no place is fixed, while Section 50 concerns performance in a manner or at a time prescribed or sanctioned by the promisee.

Section 47 and failure to perform at the fixed time

Section 47 identifies the permitted time and place of performance in the situation covered by it. Questions about the legal effect of failure to perform at a fixed time may also require consideration of Section 55 of the Indian Contract Act, 1872, including whether time was intended to be essential to the contract.

Practical point: Whether an attempted performance is legally sufficient depends on the terms of the particular contract and the facts, including the agreed date, proper place, ordinary business hours and whether the promisee was required to make an application for performance.

Official text of the Indian Contract Act, 1872

For the authoritative Central Act text and current statutory material, see the Indian Contract Act, 1872 on India Code.