Section 44 The Indian Contract Act, 1872
📘 Section 44 – The Indian Contract Act, 1872
Title: Effect of release of one joint promisor
🔹 Bare Act Text:
“Where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors; neither does it free the joint promisor so released from responsibility to the other joint promisor or joint promisors.”
🧾 Explanation:
When multiple people (joint promisors) make a promise to perform something under a contract, releasing one of them from liability does not release the others.
The one who is released by the promisee may still be liable to the other joint promisors if they have to pay more than their share.
📌 Illustration:
A, B, and C jointly promise to pay ₹9,000 to D.
D releases A from the promise.
B and C are still liable to pay the entire ₹9,000 to D.
After paying, B and C can claim A’s share from him (₹3,000 each) even though D released him.
⚖️ Legal Principle:
Prevents injustice to the remaining joint promisors.
Balances the rights of the promisee and the co-promisors.
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