‘The Debtor Shall Seek The Creditor'

Introduction and background

1. The law of enabling the creditor to file the suit at his place of residence is a well-recognised rule in the English common law. Principle. Where no place of payment is specified either expressly, or by implication from the nature and terms of the contract and the surrounding circumstances and the act is one which requires the presence of both parties for completion the general rule is that the promiser must seek out the promise and perform the contract wherever he may happen to be.¹ This principle in England has been followed in judgments such as BallAntwerp London and Brazil Lines², Seward v. Palmer³ and Cranley v. Hillery⁴.
2. The application of this principle by Indian Courts is not uniform and this article attempts to examine how the common law principle are dealt by the Indian Courts. Though the principle of common law that 'debtor shall seek for his creditor' is not incorporated into Indian law, in several cases, the Indian