TMI Blog1941 (3) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... f June 1929. It is respondent 1'a case that at the time of her marriage she entrusted her stridhanam property to respondent 2, who was to re-deliver it to her on demand. She alleges that the property entrusted to him consisted of ₹ 1750 in cash and jewels, furniture and household utensils of the value of ₹ 3352. Respondent 1 alleges that, while she was living with her husband at Vellore, where they went to reside after leaving Negapatam, his treatment of her was so cruel that she was compelled to leave him and return to her father's house at Palghat. At the time the suit was filed the petitioner was residing at Vellore in the North Arcot District and his father at Mayavaram in the Tanjore District. In filing the plaint i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, wholly or in part, arises. It is quite clear that in this case the cause of action does not arise, even in part, at Palghat and neither of the defendants resides or works there. Therefore, the order of the Subordinate Judge can only be supported if the defendants are to be regarded as debtors and the common law rule that the debtor is bound to seek out his creditor applies here. Section 49, Contract Act, states that, when a promise is to be performed without application by the promisee and no place is fixed for its performance, it is the duty of the promisor to apply to the promisee to appoint a reasonable place for the performance of the promise and to perform it at the place appointed. There is nothing in the Contract Act or in any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amination of the terms of the contract the Privy Council considered that the suit had been instituted in the proper Court. But giving full weight to the words used in the passage which I have just quoted from the judgment, the judgment goes no further than saying that Section 49 does not preclude the application of the rule and does not get rid of inferences which should justly be drawn from the terms of the contract itself or from the necessities of the case. In the first place the terms of the contract are to be looked at and, if they do not help, the Court must have regard to the necessities of the case in deciding whether the rule should be applied. Without considering in what cases the rule might be conveniently applied in India, it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le cannot be applied. I would allow this petition with costs against respondent 1 and direct that the plaint be returned to her so that she may file it in the proper Court. Somayya, J. 4. While this case was argued before me when I was sitting as a single Judge it was urged that, in every case of a creditor and debtor, the common law rule of England that the debtor should seek out the creditor and pay the debt where the creditor resides applies. It is in order to consider the validity of this argument that I posted this case before a Bench. If the common law rule of England is to be invoked as a mere aid in finding out the place of performance of a contract I have no objection to its being so used and that is the way in which the Judi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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