Section 48 of the Indian Contract Act, 1872.

Section 48 of the Indian Contract Act, 1872.

Application for performance on certain day to be at proper time and place.—

When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the promisee to apply for performance at a proper place and within the usual hours of business.

Explanation.—The question “what is a proper time and place” is, in each particular case, a question of fact.