56. On the issue of government regulations leading to frustration of
contract, Ram Kumar v. P.C. Roy and Co., (India) Ltd. AIR 1952 Cal
335 becomes relevant as in this case the Calcutta High Court has
explained the doctrine of frustration and its application during the
restrictive governmental regulations leading to impossibility in
performance of a contract. The Court observed as under:
In Ram Kumar vs. P.C.Roy & Co., reported in AIR (39) 1952 Calcutta 335 (C.N.87), the Hon'ble Single Judge of the Calcutta High Court, in paragraph No.20, has observed that:
(Ram Kumar v.
P.C. Roy ). Frustration occurs whenever the law recognizes that,
without default of either party, a contractual obligation has
become incapable of being performed because the circumstances
in which performance is called for would render it radically
different from that which was undertaken by the contract. There
must be such a change, in the significance of the obligation, that
the thing undertaken would, if performed, be a different thing from
that contracted for.
56. On the issue of government regulations leading to
frustration of contract, Ram Kumar v. P.C. Roy and Co.,
(India) Ltd. AIR 1952 Cal 335 becomes relevant as in
this case the Calcutta High Court has explained the
doctrine of frustration and its application during the
restrictive governmental regulations leading to
impossibility in performance of a contract. The Court
observed as under: