DESAI, C.J. :- This application in which arises the question, whether a suit brought by contractor against a District Board for recovery of money due under the contract for the work done by him is governed by the provisions of S. 192 of the District Boards Act, has been referred to this Bench in order to resolve the supposed conflict among District Board, Allahabad v. Behari Lal, 1935 All LJ., 1214 : (AIR 1938 All 18) (FB), Dargahi Lal v. Cawnpore Municipal Board AIR 1952 All. 382 FB) and Lucknow Nagar Mahapalikav, Sardar Karmajeet Singh, 1962 All LJ 165 : AIR 1962 All 174 (FB).

2. The facts which are not in dispute are as follows. A predecessor of the opposite parties entered into a contract on 3-9-1952 with the District Board of Budaun, now represented by the applicant Antraim Zila Parishad, for repairs of a road. The relevant terms of the contract were as follows : -

The work should be completed by 30-11-1952 to the entire satisfaction of the officer granting completion certificate. On completion of the work the contractor should send a registered notice to the District Board Engineer requesting him to give him a certificate of completion. The work must be umpired by the