Section 172 The Indian Contract Act, 1872
Section 172 – The Indian Contract Act, 1872
📘 Title: Effect of Release or Discharge of one Joint Promisor
🔹 Bare Act Language:
"Where two or more persons are jointly bound to perform an obligation, and one of them is released or discharged from it, the obligation remains binding on the others."
🔍 Explanation:
This section deals with joint obligations — when two or more persons are jointly liable to perform a contract or duty.
If the creditor releases or discharges one joint obligor, this does not release the others. The remaining persons are still bound to perform the entire obligation.
✅ Example:
A and B are jointly liable to pay ₹50,000 to C.
C releases A from the obligation.
B is still liable to pay the entire ₹50,000 to C.
📌 Key Points:
Applies to joint obligations (not joint and several).
Release of one joint obligor does not discharge others.
The creditor can still enforce the whole contract against the remaining obligors.
0 comments