Section 52 The Indian Contract Act, 1872
📜 Section 52 – Indian Contract Act, 1872
Title: "Order of performance of reciprocal promises"
Text of Section 52:
"Where the order in which reciprocal promises are to be performed is expressly fixed by the contract, they shall be performed in that order; and where the order is not expressly fixed, they shall be performed in that order which the nature of the transaction requires."
✅ Meaning:
This section deals with reciprocal promises—i.e., mutual obligations where each party’s promise forms the consideration for the other.
It explains:
If the contract clearly specifies the order of doing things, that order must be followed.
If no such order is mentioned, then the parties must perform in the natural or logical sequence required by the transaction.
📌 Examples:
🔹 Expressly Fixed Order:
A contracts with B to build a house, and B promises to pay after completion.
Order is fixed: A must perform first.
🔹 Implied Order by Nature:
A contracts with B to deliver goods, and B will pay on delivery.
Even if not stated, the goods must be delivered first.
🧑⚖️ Illustrative Case Law:
In Ganga Saran v. Ram Charan (1952 AIR 9) – the Supreme Court emphasized that mutual obligations must be performed in the correct order where essential to the contract.
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