Report No. 13

69. Section 49.-

In the case of a contract of loan where the borrower fails to apply to the creditor to appoint a reasonable place for repayment he must make the repayment at the place of the creditor. The Judges in India have, on a number of occasions, applied the principles of the English Common Law that the debtor must seek out the creditor. It appears to us that the section applies to a contract of loan also and the English Common Law doctrine applies only where the debtor failed to apply to the creditor to appoint a reasonable place for repayment. This is in consonance with the decision of the Bombay High Court in Bharumal v. Sakhawatmal, AIR 1956 Bom 111. An Explanation may be added to section 49 incorporating the rule of the English Common Law.

70. Sections 50-55.- No change is recommended in sections 50-55.