GANGA SARAN Vs. FIRM RAM CHARAN RAM GOPAL

JUDGEMENT

(1.) This is an appeal by special leave against a decision of the High Court at Allahabad, reversing the decision of the trial Court, in a suit instituted by the appellant to recover damages from the respondent-firm for breach of a contract.

(2.) It appears that between 10th and 18-4-1941, the parties entered into 5 contracts, by which the respondent-firm undertook to supply to the appellant 184 bales of cloth of certain specifications manufactured by the New Victoria Mills, Kanpur and the Raza textile Mills, Rampur. Only 99 bales were taken up and there was a dispute about remaining 85 bales. On 17-10-1941, a settlement was arrived at between parties, and it was agreed that the respondent-firm should deliver to the appellant 61 bales, and that the goods should be delivered by 17-11-1941. The actual text of the agreement (Ex. 4) was as follows:

(3.) The only point which arises in this appeal is whether the circumstances of the case afford any basis for the application of the doctrine of frustration of contract, a doctrine which is embodied, so far as this country is concerned in Ss. 32 and 56, Contract Act, 1872.