Narayana Chandrasekhara Shenoy And ... vs R. Palaniappa Mudaliar on 7 March, 1952
56. In Narayana Chandrasekhara Shenoy and Bros. by sole
Proprietor Narayana Shanbog v. R. Palaniappa Mudaliar, AIR 1952
Mad. 670, a question arose whether the defendant was required to
supply jaggery by rail, which became impossible by the issuance of a
Government notification controlling the movement of jaggery by rail.
The plaintiff refused to bear the additional expenditure entailed by the
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change in the mode of transport. The Court held that even assuming
that the contract had not become impossible of performance, the
defendant did not commit a breach of the contract. In the instant
case, export became impossible due to Government’s refusal.