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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
State Of Orissa – Appellant
Versus
B. Engineers and Builders Private Limited – Respondent
| Table of Content |
|---|
| 1. background of the case and parties involved. (Para 1 , 2 , 3 , 4 , 5) |
| 2. issues framed by the trial court. (Para 6 , 9) |
| 3. waiver of notice as per legal precedents. (Para 12 , 18) |
| 4. analysis of statutory notice requirement. (Para 14 , 15 , 16 , 17) |
| 5. conclusion and dismissal of the appeal. (Para 19 , 20) |
JUDGMENT :
A.C. Behera, J.
This 2nd appeal has been preferred against the confirming judgment.
2. The appellants(State and Executive Engineer) in this 2nd appeal were the defendants before the trial court in the suit vide T.S. No.04 of 1992 and appellants before the 1st appellate court in the 1st appeal vide T.A. No.04 of 1993.
The respondent in this 2nd appeal, i.e., company was the sole plaintiff before the trial court in the suit vide T.S. No.04 of 1992 and respondent before the 1st appellate court in the 1st appeal vide T.A. No.04 of 1993.
3. The suit of the plaintiff-company vide T.S. No.04 of 1992 before the trial court against the defendants was a suit for declaration.
The case of the plaintiff-company before the trial court in nutshell against the defendants was that, the plaintiff being a registered construction company had entered into an agreement with the defe
Non-service of statutory notice under Section 80 of the C.P.C. is waivable if no objection is raised in the defendants' written statement, allowing the suit to be maintained.
The burden of proving impossibility under Section 56 of the Indian Contract Act lies with the party asserting it, and self-induced inability does not justify non-performance.
A contracting party must prove the impossibility of performance to invoke Section 56 of the Indian Contract Act, 1872; self-induced inability does not excuse breach.
A party alleging impossibility under Section 56 of the Indian Contract Act must substantiate claims with evidence; self-induced circumstances do not qualify for relief.
The burden of proving impossibility under Section 56 of the Indian Contract Act rests on the asserting party; failure to provide such evidence results in dismissal of claims.
The court established that failure to raise an objection regarding the non-service of notice under Section 80 of the C.P.C. during the trial results in a waiver of that right, thus maintaining the su....
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