Section 61
Application of payment where neither party appropriates
Chapter 5: Of the performance of contracts
Where neither party makes any appropriation, the payment shall be applied in discharge of the debts in order of time, whether they are or are not barred by the law in force for the time being as to the limitation of suits. If the debts are of equal standing, the payment shall be applied in discharge of each proportionably.
The Indian Contract Act, 1872 (Act No. 9 of 1872). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.
Related sections
- 58Alternative promise, one branch being illegal
- 59Application of payment where debt to be discharged is indicated
- 60Application of payment where debt to be discharged is not indicated
- 62Effect of novation, rescission, and alteration of contract
- 63Promisee may dispense with or remit performance of promise
- 64Consequences of rescission of voidable contract