Supreme Court of India · 1951-11-01
GANGA SARAN vs RAM CHARAN RAM GOPAL
- Citation / case number
- SC 1973/60428
- Court
- Supreme Court of India
- Petitioner
- GANGA SARAN
- Respondent
- RAM CHARAN RAM GOPAL
- Author
- SAIYID FAZAL ALI
- Bench
- SAIYID FAZAL ALI
Judgment text excerpt
The Supreme Court held that under Section 56 of the Indian Contract Act, the respondents' obligation to deliver goods was not contingent upon their receipt from the Victoria Mills, as the contract's language merely described the goods. The Court ruled that the doctrine of frustration did not apply since the respondents failed to demonstrate that they had ordered the goods from the Mills. Consequently, the appellant was entitled to damages for breach of contract due to non-delivery by the respondents.