Archit Uniyal 24 April 2020
Indian Contract Act talks about joint promise and the liability of joint promisors.
Section 42 of the Indian Contract Act, 1872, states that: ‘When two or more persons have made a joint promise, then unless a contrary intention appears by the contract, all such persons during their joint lives, and, after the death of any of them, his representative jointly with the survivor or survivors, and after the death of the last survivor, the representatives of all jointly must fulfill the promise.’
Section 42 of the Indian Contract Act, 1872, makes the liability of joint promisors, joint and several. All promisors, in this case, are bound to perform the promise and in case of death of any promisor, the promise must be performed by the surviving promisors along with the legal representatives of the deceased promisor
In the case Devilal v. Himatram & Ors the court said that in view of section 44 of the contract act if one of the joint promisors dies pending suit, the suit can be proceeded against the other defendant's promisors without bringing his legal representatives on record. The principal, in this case, was that abatement of an appeal against one joint debtor or death of one joint promisor does not release the other joint promisors.
I hope this helps you.