NADIR SHAH Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) This is a plaintiffs appeal in a suit for damages against the Municipal Board of Cawnpore for breach of a contract to construct filter beds in three chambers at Banajhabar.

(2.) The Municipal Board of Oawnpore called for tenders for construction of the work and the plaintiff's tender for Rs. 23,437 was accepted, and a contract for the construction of two pre filters and one final filter was placed with him.

(3.) The course of business regarding con-tracts by the Municipal Board appears to be that they call for tenders and the contractors offer rates for the work to be done, and on the 19 of April, 1923, the plaintiff presented the tender Ex. N. He also duly deposited the necessary amount of money which had to be deposited under the terms of the tender which he had offered. At a resolution of the Municipal Water Works Committee, dated the 24 of May, 1923, and confirmed by the, Municipal Board, the tender of the plaintiff wa9 accepted. He got a work order and he was directed to arrange to start work at once and to complete the work by the 3lst of December, 1923. The work order Ex. K contained certain conditions to be found at page 41 of the paper-book. One of the conditions was that if the Municipal Engineer did not approve of the work being proceeded with, he had the right to countermand the order within a reasonable time, and the contractor could only claim for work done up to the time the order was countermanded at the rates entered in the work order. Condition 2 was that if any alteration in the work-order may be made that must be entered in writing and initialled and dated by the Municipal Engineer. There were other conditions. A contract was entered into between the contractor and the Municipal Board of Cawnpore, which is to be found at page 42, Ex. L. At page 43 there is an extract of the conditions. The Municipal Engineer had the power to make any alteration in the designs, drawings or instructions that may appear to him necessary during the progress of the work, and the contractor was bound to carry them out within such time as the Municipal Engineer by writing under his hand specifying the alterations shall fix. As regards the rate it was provided that the rate mentioned in the agreement was to continue to be the rate for the extra work, but if there were no such rate mentioned and there were no estimates then at the rate mentioned in the Municipal Engineer's schedule of rates or at a rate agreed upon in writing before the commencement of such work. It further provided that such alteration will not invalidate the contract but the time for the completion of the work will be extended and the certificate of the Municipal Engineer will be conclusive as to such time and the contractor shall not make any alteration or execute any work not provided in the contract without the Municipal Engineer's authority in writing.