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Section 93: Sections 76 to 123 [Repealed by the Indian Sale of Goods Act, 1930]

Indian Contract Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1872
Section 92 All 266 Sections of Indian Contract Act Section 94

Legal Commentary & Landmark Judgments: Section 93

Section 93 of the Indian Contract Act, 1872 originally established that the seller is not bound to deliver until the buyer applies for delivery, making the buyer's application a condition precedent; repealed by Act 3 of 1930 and succeeded by Section 35 of the Sale of Goods Act, 1930.

  • Buyer's Application as Condition Precedent: Apart from any express contract, the seller of goods is under no legal obligation to deliver until the buyer actively applies for delivery.
  • Immunity from Default in Absence of Demand: The seller cannot be held in default, breach, or delay for non-delivery so long as the buyer has omitted to apply for delivery.
  • Legislative Repeal and Modern Succession (Act 3 of 1930): Repealed by Act 3 of 1930; re-enacted with exact phrasing as Section 35 of the Sale of Goods Act, 1930.
Key Landmark Precedents:
  • Sivayya v. Ranganayakulu AIR 1935 PC 67: The Judicial Committee of the Privy Council held that under Section 93 Contract Act (now Section 35 SGA), the buyer must make an effective application for delivery before the seller can be put in default; in the absence of such application, the buyer cannot maintain an action for damages.
  • Radha Krishna Thakurji v. Harsewak Rai AIR 1960 All 468: The High Court affirmed that under Section 35 SGA (succeeding Section 93), a seller is not liable for non-delivery where the buyer failed to apply for delivery at the seller's godown.
Courtroom Practice & Strategic Litigation Guidance:

When defending a seller against a buyer's claim for damages for failure to deliver, examine whether the buyer ever tendered an express, formal application for delivery. Under Section 35 SGA (succeeding Section 93), plead the lack of buyer application as a complete defense in the written statement to secure dismissal of the suit.

Section 92 All 266 Sections of Indian Contract Act Section 94