GOURI SANKAR AGARWALLA Vs. HPMOITRA

JUDGEMENT

(1.) I have read the judgment; about be delivered by my learned brother Mr. Justice Richatdson.

(2.) In my judgment the events that have been referred to in detail by my learned brother were not in the contemplation of the parties to the contract when the contract was made. It was made on the 21 January 1914, it was headed shipment and/or arrival: the goods were to be shipped in July a August, 1914. In fact, the goods in question were shipped on Secs."Spitzfels" a German ship which sailed from Hamburg on the 19 of July 1914 but they did not arrive in Calcutta until June 1916, more than two years from the date of the contract. This was due to the outbreak of war in August 1914 and to the capture of the Secs."Spitzfels." The goods were transhipped to Secs."Alavi" under the circumstances detailed in my learned brother's judgment.

(3.) In my judgment, the arrival of the goods in June 1916 after the events that happened was not such an arrival as was contemplated by the parties to the contract.