Contract case

In response to your query, 

Facts

The case was filed under Section 25 of the Provincial Small Cause Courts Act, 1887, by Noorbux, the plaintiff, to set aside the decree, dated 5th August 1943, in civil suit No. 485 of 1942 passed by the Court of 1st Subordinate Judge, 2nd Class, Burhanpur empowered under Section 18 of the Central Provinces Courts Act. The plaintiff sued to recover the sum of Rs. 236 from Kalyandas, the defendant. The claim consisted of two items: Rs. 186, the balance on account of freight for transport of 56 bales of cotton from Malkapur to Khandwa in two instalments of 28 bales each on 20th and 25th June 1942 in his motor truck No. C.P.V 158, and Rs. 50 for damages for the unnecessary trip which the truck had to make at the request of the defendant on 26th June 1942.

Contentions

Plaintiff filed a suit on 20th October 1942 for recovery of BS. 236. The defendant denied the claim for Rs. 50 on account of damages. He pleaded that the plaintiff was liable for Rs. 192-10-0 for damages for breach of contract to carry the remaining 161 bales of cotton. The defendant claimed that he was entitled to a decree for Rs. 6-10-0 against the plaintiff after setting off Rs. 182 which the defendant had to pay the plaintiff for freight of 56 bales of cotton.

Judgment

The Court decided that at the time of the contract the plaintiff's agent had informed the defendant that there was a likelihood of the motor trucks being required for military purposes and that it was essential that the defendant should arrange to have his bales of cotton carried in his truck at an early date. There was a frustration of the contract on account of the circumstances beyond the control of the plaintiff and the contract for carrying 161 bales of cotton was not capable of performance. See Section 56 of the Contract Act. The plaintiff was not responsible for the failure to take 161 bales of cotton from Malkapur to Khandwa in his motor truck. The trucks were not available to him. The defendant was not in a position to load the truck with bales of cotton as he had not made arrangements with his vendors for the delivery of the bales of cotton. The plaintiff has not committed any breach of contract and is not liable to pay any damages to the defendant on account of the failure on the part of the plaintiff to fulfil the contract on account of the circumstances beyond his control. The plaintiff is entitled to recover the freight of 56 bales of cotton. This amount comes to Rs. 196. Out of this amount the plaintiff has already received Rs. 10 as earnest money. The plaintiff is thus entitled to a decree for Rs. 186 with proportionate costs. The decree of the lower Court is reversed. The plaintiff's application is allowed and a decree for Rs. 186 with proportionate costs is passed in his favour. No counsel's fee as no certificate has been filed. 

Regards, 

Aryan Raj 

Thanks a lot @ Aryan Raj 

One more query.. Could you plz tell me the personal opinion about this case