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DAMODARAM SANJIVAYYA
NATIONAL LAW UNIVERSITY
SABBAVARAM, VISAKHAPATNAM, AP., INDIA.

PROJECT TITLE

‘PERFORMANCE OF RECIPROCAL PROMISES’

SUBJECT

CONTRACTS

NAME OF THE FACULTY

Prof. BVS Suneetha

NAME OF THE CANDIDATE: JAHNAVI GOPALUNI

ROLL NO. 2020LLB035

SEMESTER II
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CERTIFICATE

Title of the subject: Sociology


Name of the faculty: Prof. Lakshmipati Raju

I, Jahnavi Gopaluni, hereby declare that this project titled “PERFORMANCE OF RECIPROCAL
PROMISES” is submitted by me is an original work undertaken by me. I have duly acknowledged all the
sources from which the ideas have been taken. To the best of my knowledge, the projects free from any
plagiarism issue.

Name: Jahnavi Gopaluni

Roll No. 20LLB035

Semester II

ACKNOLEDGEMENT
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I would like to sincerely convey my heartfelt appreciation to our respected Contracts teacher, Prof. BVS
Suneetha Ma’am for giving me a great opportunity to make my project and for providing me with the
guidance to finish the project successfully.

I would also like to thank my classmates for giving their valuable insights and for co-operation.

I have attempted to collect information and compiled it here to the best of my knowledge.
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TABLE OF CONTENTS
CONTENTS Pg. No

1. ABSTRACT 5

2. SYNOPSIS 5-6

3. INTRODUCTION 7-8

4. TYPES OF RECIPROCAL PROMISES WITH 8-10

ILLUSTRATIONS

5. RULES REGARDING PERFORMANCE OF 10-17

RECIPROCAL PROMISES IN INDIAN LAW

6. CASE LAWS 17-19

7. CONCLUSION 19

8. BIBLIOGRAPHY 20
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ABSTRACT
Legally binding contracts play an important role in day-to-day life in any formal
agreements between two parties. Consideration is foundation stone of every contract. If a
promise is to be followed, the statute requires consideration that imposes a binding duty
on both parties, thus upholding the agreement. This obligation or consideration can also
be in the form of reciprocal promises. Failure to perform promises would lead to breach
of contract. Sometimes situation may so arise that one party may not be able to perform a
promise because it becomes impossible to perform later on or if the performance of a
promise depends upon some external factor. To deal with such intricacies the Indian
Contract Act, 1872, provides for the law on reciprocal promises in Sections 51-58. 

This project aims to give an overview of the concept of reciprocal promises and its types.
The study will look at provisions relating to performance of reciprocal promises under
each section of Indian Contract Act, 1872 and will also analyse the relevant case laws
pertaining to this concept of law of contracts.

SYNOPISIS

OBJECTIVES OF THE STUDY

The study aims to-

1. offer an outline of the concept of reciprocal promises and the various forms of
reciprocal promises;
2. examine the provisions of the Indian Contract Act, 1872 that deal with the
performance of reciprocal promises and;
3. review relevant case laws relating to the performance of reciprocal promises.

SIGNIFICANCE OF THE STUDY

The present study helps one gain an overview about the concept of reciprocal promises
and further provides an understanding of the provisions in law of contracts relating to it.
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SCOPE OF THE STUDY

The study would be limited to the doctrinal analysis of the concept of performance of
reciprocal promises under the law of contracts.

LITERATURE REVIEW:

1. Dr. Avtar Singh’s Law of Contracts and specific relief is an authoritative book
on law of contracts. The book elucidates all the rules of contract law as well as
rules codified in Indian contract act, 1872 with illustrations and simple language.
This book has helped researcher gain information on the principle of reciprocal
promises in contract law.

RESEARCH QUESTIONS

1. What are the consequences of failing to perform reciprocal promises?

RESEARCH METHODOLOGY

This study is based on the Doctrinal Method of research.

TYPE OF RESEARCH

This analytical and explanatory.

MODE OF CITATION

The researcher has employed Oxford University Standard for the Citation of Legal
Authorities (OSCOLA), Fourth Edition.
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INTRODUCTION

When a contract consists of an exchange of promises, they are called reciprocal promises. 1

Section 2 of the Indian Contract Act of 1872 gives the following definition of promises-
“When someone states that he/she is willing to do or not do something he is said to have
made a proposal. When the person to whom the proposal was made accepts the proposal, the
proposal becomes a promise. Here, the person who made the proposal is the ‘promisor’, and
the person to whom the proposal is made is called the ‘promisee’. When, at the desire of the
promisor, the promisee does something, does not to something or promises to do something;
this act of the promise is called ‘consideration of the promise’. These promises (that the
promisee does to form the consideration) form an agreement. Such promises that form an
agreement are called reciprocal promises.” 2

The Indian Contract Act 1872 section 2(f) defines reciprocal promises as “Promises which
form the consideration or part of the consideration for each other are called reciprocal
promises. In other words, when the parties to an agreement make mutual promises to do or to
abstain from doing something, these are referred to as reciprocal promises. Thus, there is an
obligation on each party to perform his promise and to accept performance of the other’s
promises.” 3

Illustration: Parvati expresses her willingness to purchase a washing machine to Shiva.


Parvati has put a proposal before shiva. Shiva accepts the proposal and expresses his
willingness to sell the washing machine to Parvati. Now the promise has been made by
Parvati to shiva. Here, Parvati is the promisor and shiva is the promisee. The consideration in
this agreement is the washing machine and its price. Shiva is bound by his promise to sell
washing machine on the agreed price in time and Parvati is bound by the promise to pay the
agreed amount for the washing machine. Here, shiva’s promise is a reciprocal promise.

When a contract consists of reciprocal promises to be simultaneously performed, no promisor


need perform his promise unless the promisee is ready and willing to perform his reciprocal
promise. 4
1
Avatar singh, ‘Law of Contract and Specific Relief’ (EBC Webstore, 2004).
2
 The Indian Contract Act 1872, section 2.
3
ibid section 2(f).
4
Avatar singh, ‘Law of Contract and Specific Relief’ (EBC Webstore, 2004).
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There are three types of reciprocal promises like: 5

1. Mutual and independent reciprocal promises


2. Conditional reciprocal promises
3. Concurrent reciprocal promises

TYPES OF RECIPROCAL PROMISES

1. MUTUAL AND INDEPENDENT RECIPROCAL PROMISES

The concept of mutual and independent reciprocal promises states that two promises of the
parties are independent of each other and they do not have to rely on each other’s
performance. For example, if there is a contract between X and Y where X is supposed to
give candies to Y and Y will give marbles to X. X can fulfil his promise even if Y does not
give him the marbles. Y not giving the marbles to A will not make the obligation of X to
fulfil the promise that he will give candies to Y. Same is the case for Y. Therefore, while both
the actions are obligatory, they are mutually exclusive or independent of each other’s
performance. However, if it’s written in the contract that a particular act must be done in a
particular order then that clause decides the performance of promise.

Example: X, a public agency, concludes a deal with a private firm, Y under which a a bridge
is to be constructed.  If the contract puts on X an obligation to disclose the particulars of its
power plant with Y and for instance if the details do not relate to the construction of
bridge, Y shall not be relieved of his obligation to build the bridge simply by the fact that
X did not release the data concerned. Although, binding, the two promises the parties
made are voluntary and mutually exclusive. Indeed, even with Y defaults in bridge work,
X must exchange specifics of power ventures. Even so, if the agreement specified that the
two promises noted above were to be met in a certain sequence, then the contractual
obligations must be honoured irrespective of their reciprocal and separate existence.

In Mrs Saradamani Kandappan vs. Mrs S. Rajalakshmi and Ors,6 Saradamani was paying for
a patch of property to Rajalakshmi in instalment payments. Before the transaction of the last

5
Halsbury laws of India – Contracts (Lexis Advanced, Vol 9, 2 nd ed).
6
Mrs Saradamani Kandappan vs. Mrs S. Rajalakshmi and Ors, (2011) 12 SCC 18-A
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instalment in the series, Sadarmani needed to see the title document. Rajalakshmi refused to
reveal it and Saradamani hence did not pay the last instalment of the series. Thus,
Rajalakshmi ended the deal. Sadarmani appealed to the court and pleaded that refusal to
display the title document was the justification she could not pay the very last instalment of
the series. These two guarantees (the pledge to reveal the title and the pledge of paying for
the last instalment) were ruled mutually exclusive by the Court. So, Sadarmani should make
the final instalment payment without revealing the title text. Sadarmani then had to pay the
final instalment.

2. CONDITIONAL RECIPROCAL PROMISES

Very less promises are made without involving conditions. For example, when we promise to
pay for some item on cash on delivery option i.e., only when the item ordered for or promised
is received, such promises that are dependent and are performed on conditional basis are
called conditional reciprocal promises. This is where the outcome depends on the other
party's previous performance. If the first party breaches his obligation then the second party
will not be able to fulfil its contractual obligation. These types of promises form significant
part of formal and informal agreements and contracts.

For example, X orders food on Zomato and promises to pay cash on delivery of the food
item. If delivery person fails to deliver the ordered food item then it will be impossible for X
to hold up his side of obligation and he won’t be able to pay for the food item in that
situation. This type of promise is considered as conditional promise.

In M/s Shanti Builders vs. CIBA Industrial Workers’ Co-Operative Housing Society Ltd.,
CIBA, 7
the complainant argued that the builders of shanti buildings did not complete their
job on schedule and this caused damages. On the contrary, the builders of Shanti disputed
that property was not allotted. They could not finish the building as this piece of land was not
provided to them.

The court decided in favour of Shanti Builders that since such commitments must first be
fulfilled before those by the purpose of the agreement then this order must be respected. 

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M/s Shanti Builders vs. CIBA Industrial Workers’ Co-Operative Housing Society Ltd., CIBA,
(2012) 4 Mah LJ 614.
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They also claimed that the first party cannot order the second party to satisfy its requirements
without first fulfilling its obligation in relation to conditional promises.

3. CONCURRENT RECIPROCAL PROMISES

This is a typical type of mutual promise in which parties must fulfil their responsibilities at
the same time, either directly or implicitly. If the other party is not ready or willing or able to
fulfil its corresponding commitment, the party able to fulfil his or her commitment shall be
excluded from this. Readiness in this case means financial sufficiency and ability or will is
interpreted by party activity.

The shop owner decides, for example, to send you the goods in place of cash while entering a
store. This is a mutual agreement in which you promise the worth of the commodity and
when the store owner gets the money, he actually gives you the products. If one of you does
not want to fulfil your commitment, the other will conclude the deal.

The Hon'ble Supreme Court held in J.P. Builders vs. A. Ramadas Rao 8
case that readiness
relates to financial resources, ability and will relates to conduct of the individual who needs
performance. The former usually has support from the latter.  For example, If X had to invite
tenders to sell manufactured goods for Y for some amount of profit (All the goods belong to
Y) then if X is not ready or willing to perform tendering process on time Y would be
excluded from the responsibility.  The simultaneous implementation of X's and Y’s promises
is integral to the performance of contract. 

RULES REGARDING PERFORMANCE OF RECIPROCAL PROMISES

The specific provisions or rules relating directly to the mutual promises are set out in
Sections 51 to 54 of the Indian Contract Act 1872.  Sections 51 and 52 clarify the various
circumstances in which a reciprocal promise might be applicable, Articles 53 and 54 concern
instances in which a particular Party fails to fulfil its commitment.

SECTION 51- SIMULTANEOUS PERFORMANCE OF RECIPROCAL PROMISES

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J.P. Builders vs. A. Ramadas Rao, (2011) 1 SCC 429.
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Section 51 says “When a contract consists of reciprocal promises to be simultaneously


performed, no promisor need perform his promise unless the promisee is ready and willing to
perform his reciprocal promise.” 9

The section deals with concurrent reciprocal promises where the promise of one party is to be
performed simultaneously with the promise of the other party. Certain agreements
contain mutual commitment or pledges to be carried out at the same time.  In these
circumstances the promisee has no duty to fulfil his pledge until the other person is able to fulfil
his mutual promise.

Example: The shop owner promises to provide the goods for cash when you go to a store. This
is a mutual agreement where you agree to pay the merchandise amount and when the payment
of cash is received the shop keeper agrees to give you the products. If one of you does not want
to fulfil your commitment, the other can conclude the deal.

SECTION 52- ORDER OF PERFORMANCE OF RECIPROCAL PROMISES

Section 52 says “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 by the contract, they shall be performed in that order which the nature of
the transaction requires.” 10

This section covers contingent contracts i.e., promises are dependent on each other where one
assurance depends upon the success of the other and has to be fulfilled. The essence of the
commitments will determine this sequence, for the fulfilment of one cannot be done
without the other. The parties can therefore intend to fulfil their commitments in a certain
order, even though they are willing to do so at the same time. The order can be specifically
set out in the contract or otherwise dictated by the terms of the deal. It may also indicate the
assurance that it will be made first. When the contract explicitly sets the order in which the
mutual promises are fulfilled, they must be carried out accordingly. If no such sequence is
specified in the contract, the order in which the mutual promises are fulfilled shall be decided
on the basis of the essence of the transaction.

9
Indian Contract Act 1872, Sections 51.
10
Indian Contract Act 1872, Sections 52.
12
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Example: Ananta promises to Gopi find the best deal to sell his car. Gopi promises to pay her
the commission for the same. The contract between Gopi and Ananta does not specify any
particular order of fulfilment. However, the nature of the transaction reveals what the order of
performance of the promise should be. It can be inferred that Ananta should first help Gopi sell
his car for the best price before expecting commission from Gopi.

SECTION 53-LIABILITY OF A PARTY PREVENTING ON WHICH THE


CONTRACT IS TO TAKE EFFECT

“When a contract contains reciprocal promises, and one party to the contract prevents the
other from performing his promise, the contract becomes voidable at the option of the party
so prevented: and he is entitled to compensation from the other party for any loss which he
may sustain in consequence of the non-performance of the contract.” 12

If either party delays or prevents the other party from carrying out its work, the party
concerned shall be allowed to cancel the deal and also request credit for the losses. 13

Example: Rama is prepared to supply Sharda with spare parts, but Sharda doesn't respond or
locks Rama inside the shop on the delivery day so as to deliberately prevent him from fulling
his promise. Rama can either withdraw the contract or seek damages.

This section is premised on the idea that a contracting party cannot claim or take advantage of
his own mistake if it incorrectly stops anything done by another party. The section
incorporates the principle of constructive conduct which entitles the individual to demand
liability who has suffered in violation of this clause. No one should lament about the inability
of someone else to do what he made unlikely himself. 14

11
Pollock & Mulla, The Indian Contract and Specific Relief Acts, (Lexis Advance, 16th ed).
12
Indian Contract Act 1872, Sections 53.
13
Performance of Reciprocal Promises, (Toppr.com)
<https://www.toppr.com/guides/business-laws/indian-contract-act-1872-part-ii/performance-of-
reciprocal-promise/> Accessed on 17 April 2021.
14
Pollock, (n 11).
13

The rules do not apply to overt or forcible prevention, which is neither common nor unlikely
but applies to default or negligence in performing or delivering something that a party is
required by or is not entitled to perform its part under the contract.  This section includes a
legitimate cancellation of reciprocal promises because of the counter-repudiation of one
party which entitles the other party that has been hindered from fulfilling their promise to
claim damages.

SECTION 54- RECIPROCAL AND DEPENDENT PROMISES.

“When a contract consists of reciprocal promises, such that one of them cannot be
performed, or that its performance cannot be claimed till the other has been performed, and
the promisor of the promise last mentioned fails to perform it, such promisor cannot claim
the performance of the reciprocal promise, and must make compensation to the other party
to the contract for any loss which such other party may sustain by the non-performance of
the contract.” 15

If the promise is conditional, the first party who is required to do it by the other side cannot
ask the first party to fulfil his promise if he does not do his part first. The second party can
also request restitution if they suffer losses due to a first party's inability to fulfil. 16

Example: Bala is a manufacturer and Sarah supply raw material to Bala. They get into a deal
where Sarah is to supply Bala with wood and to make her a desk. If Sarah does not supply the
wood, Aaryan shall not be expected to make the desk.  In the event that Sara does not have
wood, Aaryan will seek compensation because of any losses suffered.

If the promisor, who has to perform his promise, before the performance of the other’s
promise fails to perform it, he cannot claim performance of the other’s promise, and is also
liable for compensation for his non-performance. 17

SECTION 55- FAILURE TO PERFORM IN STIPULATED TIME

15
Indian Contract Act 1872, Sections 54.
16
Toppr (n 13)
17
Pollock (n 11).
14

“When a party to a contract promises to do a certain thing at or before a specified time, or


certain things at or before specified times, and fails to do such thing at or before the
specified time, the contract, or so much of it as has not been performed, becomes voidable at
the option of the promisee, if the intention of the parties was that time should be of the
essence of the contract.
Effect of such failure when time is not essential. —If it was not the intention of the parties
that time should be of the essence of the contract, the contract does not become voidable by
the failure to do any such thing at or before the specified time; but the promisee is entitled to
compensation from the promisor for any loss occasioned to him by such failure.
Effect of acceptance of performance at time other than agreed upon. —If, in case of a
contract voidable on account of the promisor’s failure to perform his promise at the time
agreed, the promisee accepts performance of such promise at any time other than agreed, the
promisee cannot claim compensation for any loss occasioned by the non-performance of the
promise at the time agreed, unless, at the time of acceptance, he gives notice to the promisor
of his intention to do so.” 18

Section 55 provides for a particular law on the fulfilment of a promise at or before a certain
deadline. It is the courts' obligation to look at the basis and the content of the contract and to
determine whether it is time that is essential to the contract or not for its success, for which a
specific period has been set, to be fulfilled within a limited time limit.
If a person who agreed to do something at the specified time fails to do so before or at the
specified time, the contract becomes invalid at the promisee's discretion if the parties' purpose
is to do it at that time. However, if the parties' purpose is not to make the period in which it is
necessary to conclude the contract, the contract shall not become invalid by such omission,
but the promisee shall have the right to compensation for losses incurred as a result of the
breach. If no time is specified it must be fulfilled within reasonable time. 

SECTION 56- AGREEMENT TO DO IMPOSSIBLE ACT

“An agreement to do an act impossible in itself is void.

Contract to do act afterwards becoming impossible or unlawful.—A contract to do an act


which, after the contract is made, becomes impossible, or, by reason of some event which the

18
Indian Contract Act 1872, Sections 55.
15

promisor could not prevent, unlawful, becomes void when the act becomes impossible or
unlawful.2

Compensation for loss through non-performance of act known to be impossible or


unlawful. —Where one person has promised to do something which he knew, or, with
reasonable diligence, might have known, and which the promisee did not know, to be
impossible or unlawful, such promisor must make compensation to such promisee for any
loss which such promisee sustains through the non-performance of the promise.” 19

 If the promisor agrees to do something that can't be done, the contract is then invalid.


The 'Doctrine of Frustration' is also covered in this section.

The requirements to be met to invoke this provision are–

1. A default by either of the parties should not be a reason for the such event.

2. The event should be unpredictable and unavoidable.

3. The event must make it impossible to do the perform the contract.

Two scenarios are of impossibility are: 20

Initial impossibility

When the promisee concludes a contract with any event that they both know is not possible,
the contract becomes invalid. 

If the promisor promises an act which he knows cannot be achieved, then he shall be liable to
make up for his damages, as a result of his failure to fulfill the promise.

Example: Samhit promises Abdul to supply him a brand-new sofa made of leather to sit on
and appear on a television debate. Abdul wishes to get the sofa ready before his appearance
on a television debate. But, Samhit is aware that it is impossible to supply Abdul with a sofa

19
Indian Contract Act 1872, Sections 56.
20
Toppr (n 13).
16

made with leather as leather is unavailable because of the temporary ban on animal products.
Despite this, Samhit still promises to supply him the sofa and enters into contract. In this
situation, Abdul can void the contract and can ask compensation for the losses that he
suffered. 

Subsequent Impossibility

It may have been feasible and legal at the time of the contract, but for some reasons it
may become subsequently difficult to perform. In any case, if the act is unlikely, the contract
becomes null and void.

Example: Taking from the previous example, if at the time that Samhit enters the contract,
he is be able to provide a sofa made of leather to Abdul but after he enters the contract, if the
Government puts a ban on the supply of products made from animals which renders the
promise impossible to perform then it is called subsequent impossibility and the contract can
be made void.

SECTION 57– RECIPROCAL PROMISES FOR LEGAL AND ILLEGAL ACTS

If a person promises to do an act which is illegal then the contract is void ab initio. The
contract may have been possible and legal initially, but it would subsequently become illegal
and impossible to execute for certain reasons. In this case, the contract becomes null and void
if the act is illegal and impossible to perform. 21

Example: Ashok promises Joe to sell drugs to him which are banned and made illegal by the
government. Joe promises to pay extra money to buy the drugs from black market. Here, the
act of supplying drugs is illegal. Thus, the contract is void.

SECTION 58– ALTERNATIVE PROMISE OF LEGAL AND ILLEGAL ACTS 

“In the case of an alternative promise, one branch of which is legal and the other illegal, the
legal branch alone can be enforced.
Illustration

21
Indian Contract Act 1872, Sections 57.
17

A and  B  agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver


to A either rice or smuggled opium.
This is a valid contract to deliver rice, and a void agreement as to the opium.” 22

Example: Preeti promises to pay back her loan to Arjun. But she intends to pay loan with
black money. Thus, while Preeti’s promises to pay back the loan is valid, the promise to pay
with black money is invalid.

CASE LAWS

1. Mrs Saradamani Kandappan vs. Mrs S. Rajalakshmi and Ors 23

In this landmark case supreme court decided on whether time is essence of a contract and
whether defendant can cancel the contract if the time limit is breached.

Facts:

Saradamani was paying for a patch of property to Rajalakshmi in instalment payments.


Before the transaction of the last instalment in the series, Sadarmani needed to see the title
document. Rajalakshmi refused to reveal it and Saradamani hence did not pay the last
instalment of the series. The condition was expressly agreed by both parties in the contract
that: first, the execution of sale deed shall be at the convenience and desire of plaintiff;
subject to her satisfaction of title to the land. Plaintiff didn’t pay the entire sale consideration
within stipulated time and defendant cancelled the deed.  Thus, Rajalakshmi ended the deal.
Sadarmani appealed to the court and pleaded that refusal to display the title document (breach
of specific performance of promise) was the justification she could not pay the very last
instalment of the series.

Issues raised:

22
Indian Contract Act 1872, Sections 58.
23
Mrs Saradamani Kandappan vs. Mrs S. Rajalakshmi and Ors, (2011) 12 SCC 18-A.
18

1. Whether the time stipulated for payment of balance consideration essence of the
contract and whether defendants justified in cancelling the sale deed on its not being
adhered to?
2. Whether these two guarantees the pledge to reveal the title and the pledge of paying
for the last instalment are interdependent promises?

Judgement:

The supreme court held that: “Normally in regard to contract for sale of immovable
properties, it is presumed that time is not the essence of contract, but such if the terms of the
contract clearly state that time is the essence or if intention of parties can be determined by
express terms or surrounding circumstances or by the nature of the object then the time will
be considered as the essence of contract.”

If time isn’t the essence, then contract needs to be performed within a reasonable time
determined from:

a) express terms of the contract,


b) nature of the contract,
c) from the surrounding circumstances, as for e.g.: object of making the contract.

The court held that: “These two guarantees (the pledge to reveal the title and the pledge of
paying for the last instalment) were ruled mutually exclusive by the Court. So, Sadarmani
should make the final instalment payment without revealing the title text. Sadarmani then had
to pay the final instalment.”

2.. M/s Shanti Builders vs. CIBA Industrial Workers’ Co-Operative Housing Society
Ltd., CIBA, 24

Facts of the case: “Dispute arose in connection with certain construction work that had to be
done by Shanti Builders. CIBA alleged that Shanti Builders had not completed the

24
M/s Shanti Builders vs. CIBA Industrial Workers’ Co-Operative Housing Society Ltd., CIBA,
(2012) 4 Mah LJ 614.
19

construction work in accordance with the contract which led them to suffer heavy losses.
Shanti Builders, on the other hand, alleged that it had not been given a plot of land as the
contractually agreed and till such payment is not made, it would not be in a position to
complete the next phase of work.

Issues Raised:

1. Whether the order of performance of reciprocal promises is breached?


2. Whether the promises of mutually dependent on each other?

Judgement: Court held that: “If the performance of a contract requires a certain sequence
(even if it is not explicitly stated) then such sequence must always be followed. It further held
that where reciprocal promises are mutually dependent upon each other, one party cannot
insist on the performance of a promise if it has not performed its corresponding promise.”

CONCLUSION

The consequence of failing to perform the reciprocal promises is: “Whenever one party fails
to perform its obligation under a reciprocal promise, it cannot claim the non-performance by
the other and the non-breaching party is entitled to compensation for any loss that it sustains
or can void the contract.

BIBLIOGRAPHY

1. Indian Contract Act 1872.


2. Avatar singh, ‘Law of Contract and Specific Relief’.\
3. Halsbury Laws of India: Law of contracts.
4. Pollock & Mulla, The Indian Contract and Specific Relief Acts
5. EBC Webstore
6. Lexis Advance
7. SCC Online
8. www.Indiankanoon.org
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