Indian Contract Act,1872
Act No : 9
Section : Any one of joint promisors may be compelled to perform
43.Any one of joint promisors may be compelled to perform.-Whentwo or; more persons make a joint promise, the promisee may, in theabsence of express agreement to the contrary, compel any 1*[one ormore] of such joint promisors,to perform the whole of the promise. Each promisor may compel contribution. Each of two or more jointpromisors may compel every other joint promisor to contribute equallywith himself to the performance of the promise, unless a contraryintention appears from the contract.--------------------------------------------------------------------- 1 Subs. by Act 12 of 1891 for "one".---------------------------------------------------------------------36 Sharing of loss by default in contribution.-If any one of two ormore joint promisors makes default in such contribution, the remainingjoint promisors must bear the loss arising from such default in equalshares. Explanation.-Nothing in this section shall prevent a surety fromrecovering from his principal, payments made by the surety on behalfof the principal, or entitle the principal to recover anything fromthe surety on account of payments made by the principal. Illustrations (a) A, B and C jointly promise to pay D 3,000 rupees. D maycompel 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 aresufficient to pay one-half of his debts. C is entitled to receive 500rupees 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. Ais 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 arecompelled to pay the whole sum. They are entitled to recover it fromC.
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