CHAPTER IV OF THE PERFORMANCE OF CONTRACTS · By whom contracts must be performed

Section 45: Devolution of joint rights

When a person has made a promise to two or more persons jointly, then, unless a contrary intention appears from the contract, the right to claim performance rests, as between him and them, with them during their joint lives, and, after the death of any of them, with the representative of such deceased person jointly with the survivor or survivors, and, after the death of the last survivor, with the representatives of all jointly.¹

Illustration

A, in consideration of 5,000 rupees, lent to him by B and C, promises B and C jointly to repay them that sum with interest on a day specified. B dies. The right to claim performance rests with B’s representative jointly with C during C’s life, and after the death of C with the representatives of B and C jointly.

Footnotes in the official text

1.For an Exception to s. 45 in case of Government securities, see the Public Debt Act, 1944 (18 of 1944), s. 8.

Questions on this section

2 questions in 15 of our papers cite Section 45. Try these from the free papers:

1. Where persons sue or are sued in the name of their firm under Order XXX of the CPC and one of them dies during the pendency of the suit, Rule 4 of that Order provides that:

Practise questions on Contract Law