Indian Contract Act, 1872
40. Person by whom promise is to be
performed
If it appears from the nature of the case that it was the
intention of the parties to any contract that any promise contain in it should
be performed by the promisor himself, such promise must be performed by the
promisor. In other cases, the promisor or his representatives may employ a
competent person to perform it.
Illustrations
(a) A promises to pay B a sum of money. A may perform this
promise, either by personally paying the money to B, or by causing it to be
paid to B by another; and, if A dies before the time appointed for payment, his
representatives must perform the promise, or employ some proper person to do
so.
(b) A promises to paint a picture of B. A must perform this
promise personally.