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Issues: Jurisdiction of the City Civil Court in Bombay to try the suit
Analysis: 1. The plaintiffs filed a suit to recover a loan advanced to the defendants, which the trial judge acknowledged as proven. However, the trial judge ruled that the City Civil Court in Bombay lacked jurisdiction to hear the case, directing the plaintiffs to present the plaint to the appropriate court. 2. The main point of contention in the appeal was the jurisdiction issue. The plaintiffs and defendants were displaced persons from Pakistan, with the loan being advanced in Pakistan. The plaintiffs argued that the defendants had agreed to repay the loan in Bombay or had a common law obligation to seek out and repay the creditor. The trial judge rejected the common law rule, citing a previous case, and held that Section 49 of the Contract Act governed the place of performance. 3. Section 49 of the Contract Act mandates the promisor to request a reasonable place for performance from the promisee. As no such application was made in this case, the common law rule should apply unless it conflicts with statutory provisions. The common law rule obligates the debtor to seek out the creditor for repayment in the absence of a specific contract clause. 4. A previous case discussed the application of Section 49 in determining the place of performance, but it pertained to a suit for accounts, unlike the present case seeking repayment of a loan. The observations made in that case should be interpreted in the context of the specific suit being addressed. 5. The Privy Council reviewed the previous judgment and highlighted conflicting decisions from the Bombay High Court, indicating that Section 49 did not necessarily displace the common law rule. The Privy Council emphasized that the nature of the suit and the terms of the contract should dictate the obligation to seek out the creditor for repayment. 6. The Calcutta High Court's differing views were noted, but the present court distinguished the facts of the case at hand from the earlier judgment. While acknowledging the binding nature of the previous ruling, the court found it unnecessary to review or challenge it in this instance. 7. Ultimately, the court held that the City Civil Court did have jurisdiction to hear the suit. The trial judge's decision to return the plaint was overturned, and a decree was passed in favor of the plaintiffs for the loan amount with interest. The decree was also enforced against specific defendants and their interests in joint property, along with costs and additional interest. In conclusion, the court ruled in favor of the plaintiffs, emphasizing the application of the common law rule in the absence of specific contractual provisions regarding the place of performance.
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