Section 46 The Indian Contract Act, 1872
📘 Section 46 – The Indian Contract Act, 1872
Topic: Time for Performance of Promise, Where No Application is to Be Made and No Time is Specified
🔹 Bare Text of Section 46:
"Time for performance of promise, where no application is to be made and no time is specified"
Where, by the contract, a promisor is to perform his promise without application by the promisee, and no time for performance is specified, the engagement must be performed within a reasonable time.
Explanation: What is a reasonable time is a question of fact in each particular case.
🧾 Explanation in Simple Terms:
Section 46 deals with situations where:
The contract does not specify a time for performance.
The promisee is not required to ask (apply) for performance.
In such cases, the law says the promisor must perform the contract within a “reasonable time.”
🔍 Key Points:
No fixed time = reasonable time.
No need for the promisee to demand performance.
What constitutes “reasonable time” depends on:
Nature of the contract,
Circumstances of the case,
Industry norms,
Urgency or expectations.
📌 Examples:
Example 1: A agrees to deliver goods to B but no date is fixed. A must deliver them within a reasonable time, which could vary depending on whether the goods are perishable or machinery.
Example 2: A contracts to repair B’s house but no date is mentioned. He must do it within a time that a court would consider “reasonable” based on house condition and urgency.
⚖️ Judicial Interpretation:
Courts have consistently held that “reasonable time” is flexible and must be evaluated case by case.
Delay beyond a reasonable time without justification may lead to breach of contract.
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