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BOSE, SEN
KESARICHAND – Appellant
Versus
GOVERNOR-GENERAL IN COUNCIL – Respondent
Bose—The plaintiff is the Governor-General in Council. The defendant is the Treasurer of the Nagpur City Post Office. The suit is for damages for the loss and/or destruction of articles entrusted to the defendant's agents for or on behalf of the plaintiff. There is not much dispute about the facts, except on one or two points, and the main question we have to consider is how far the doctrine of frustration relieves the defendant from liability.
2. The defendant was appointed Treasurer of the Nagpur City Post Office on the 18th June 1942 under an agreement (Exhibit P-21) of that date. The document sets out the conditions of appointment and contains the extent and limits of the defendant's liabilities. It will be necessary to construe it with some elaboration. But for the moment all we need say is that under it the defendant was to appoint his own men for carrying on the work for which he was appointed. He was to be responsible for their actions, and he undertook to indemnify the plaintiff to the extent and under the conditions set out in the agreement for all loss or damage to such properties as might from time to time be entrusted to his care in the ordinary course of postal
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