Indian Contract Act, 1872
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. 1. See s. 138, infra. 2. For an Exception to s. 45 in case of Government securities, see the Public Debt Act, 1944 (18 of 1944), s. 8. Explanation.—The question “what is a proper time and place” is, in each particular case, a question of fact.