Section 44 of Indian Contract Act

44. Effect of release of one joint promisor.— 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 promisors so released from responsibility to the other joint promisor or joint promisors.

Final Thoughts

Introduction

The Indian Contract Act, 1872, deals with contracts made between parties in India. One such important provision is Section 44, which talks about what happens when more than one person has jointly promised to do something, and the promisee releases one of them from the promise.

Meaning of Joint Promise and Joint Promisors

• A joint promise is when two or more persons promise to do something together.
• These persons are called joint promisors.
• For example, if A, B, and C jointly take a loan from D, then A, B, and C are joint promisors, and D is the promisee.

Explanation of Section 44

This section explains two key points:

1. If one of the joint promisors is released by the promisee, the other joint promisors are still liable.
2. The released promisor is not free from his responsibility towards the other joint promisors.

So, releasing one person from the promise does not affect the others. It also does not mean the released person has no duty towards the remaining joint promisors.

Legal Effects of Releasing One Joint Promisor

Here’s what happens legally:

• The promisee can still demand full performance of the contract from the remaining joint promisors.
• The remaining joint promisors can still claim contribution (money or compensation) from the released promisor.
• The release is only effective between the promisee and the released promisor.

Rights of Other Joint Promisors

Even if one promisor is released by the promisee:

• The other promisors can still ask the released promisor to pay his share of the liability.
• This means internal liability among the joint promisors still exists.

For example:

• A, B, and C jointly owe ₹90,000 to D.
• D releases C from the promise.
• D can still recover ₹90,000 from A and B.
• A and B can demand ₹30,000 from C (his share), even though D released him.

Practical Examples

Example 1: X, Y, and Z jointly promise to pay ₹60,000 to P. P releases Z from the promise.
→ P can still claim ₹60,000 from X and Y.
→ X and Y can later recover ₹20,000 from Z (his equal share).

Example 2: A and B jointly promise to deliver 100 bags of rice to C. C releases A.
→ B must still deliver all 100 bags.
→ Later, B can ask A to compensate for his share of the work.

Conclusion

Section 44 of the Indian Contract Act ensures that even if one joint promisor is released, the promise is still valid against others, and the released person is still accountable to co-promisors. This prevents unfair burden on remaining promisors and ensures balance and fairness in joint obligations.

It is an important section that protects the rights of both promisees and joint promisors in a contract.