1. THIS suit was filed on September 5, 1951 by Mr. Baijnath Bhagat, since deceased, describing himself as carrying on business under the name and style of Bhagat Oil Mill and claiming Rs. 43,219-7-3p. as damages from the defendant on the plea that the defendant has committed a breach of a contract in writing dated March 17, 1951 entered into with this Mill by refusing to take delivery of 170 tons of raw linseed oil being the subject-matter of this contract.

2. THE defendant has admitted this contract with this mill but has pleaded that this mill belongs not to Mr. Bhagat but to Messrs. Banshidhar Baijnath which is either or partnership firm or a Hindu joint family business. The defence, on the merits, pleaded is the frustration of the said contract on the plea that it was entered into on the basis that those goods were to be exported by defendant to its foreign buyers of Finland but exportation of linseed oil was totally prohibited after the contract was entered into and no export licence was granted to the defendant for exporting those goods. An alternative plea of an implied agreement and or an oral collateral agreement to the above effect and their frustration are also s