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Sri Ramesh B vs Sri .Hosamani on 22 December, 2020

25. However the counsel for defendant has relied upon a judgment of Hon'ble High Court of Karnataka in RFA No.1732/2018 between Ramesh B. and others Vs. Hosamani and vehemently argued that relationship between borrower and lender can only be created by contract under Indian Contract Act and a promise made by promisor is binding on legal representatives of such 28 Com.OS.1458/2025 promisor on his death, unless contrary intention appear from the contract. He has further argued that such promise to perform an obligation cannot be a personal and liability of such legal representatives cannot be a personal liability, but only to the extent of estate of deceased inherited by them as per Sec.37 of Contract Act. The relevant portion of said judgment is culled out as under:-
Karnataka High Court Cites 6 - Cited by 0 - Full Document
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