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Issues:
1. Territorial jurisdiction of the Baraset Court to entertain the suit based on the plaintiff's residence and the defendant's promise to pay dower money. 2. Application of Section 20, Clause (c) of the Civil Procedure Code regarding the place of performance of the contract. 3. Applicability of the English law principle that the debtor must seek out the creditor to pay the debt. 4. Interpretation of Section 49 of the Contract Act and its impact on the place of performance of contractual obligations. Analysis: 1. The plaintiff's appeal was against the dismissal of her suit by the Additional District Judge based on the lack of territorial jurisdiction of the Munsiff of Baraset to entertain the case. The plaintiff claimed prompt dower money from her husband and argued that the Baraset Court had jurisdiction due to her residence in Bijpore and the defendant's promise to pay at that location. However, both lower courts found the defendant's promise at Bijpore to be false, removing one basis for jurisdiction. 2. The remaining issue was whether the Baraset Court had jurisdiction based on the plaintiff's permanent residence within its jurisdiction. The plaintiff's counsel argued under Section 20, Clause (c) of the Civil Procedure Code that the place of performance of the contract should determine the court's jurisdiction. Citing legal precedents, it was established that a suit on a contract can be filed where the contract is to be performed. 3. The application of the English law principle that the debtor must seek out the creditor to pay the debt was examined. It was argued that under these circumstances, the debtor's obligation is to pay at the creditor's residence, as per established legal principles and case law references. The court discussed various cases and principles to support this argument, emphasizing the debtor's responsibility to locate the creditor for payment. 4. The interpretation of Section 49 of the Contract Act was crucial in determining the place of performance of contractual obligations. The court analyzed previous judgments and legal opinions regarding the debtor's obligation to find the creditor for payment. The court referred to specific cases and legal provisions to conclude that the Baraset Court had jurisdiction to entertain the plaintiff's suit based on the place of performance of the contract. The lower appellate court was directed to reconsider the plaintiff's claim for prompt dower, and costs were awarded in favor of the plaintiff due to the jurisdictional issue being resolved in her favor.
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