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STANLEY, BURKITT
Radha Krishna – Appellant
Versus
Municipal Board of Benares – Respondent
JUDGMENT :
STANLEY, C.J.:— The question for determination in this appeal is whether a suit can be maintained for materials over the value of Rs. 20 supplied to a Municipal Board which is subject to the provisions of the North-Western Provinces and Oudh Municipalities Act, of 1883 (sic), in the absence of a contract in writing, signed by the Chairman or a Vice-Chairman and Secretary of the Municipality. The Municipal Board of Benares invited tenders for road ballast, whereupon the plaintiffs made a tender which was approved of by the Resident-Engineer, and was subsequently accepted by a resolution of the Board. The plaintiff acting on the resolution of the Board supplied some ballast for which payment was made. A further instalment of ballast was supplied, a part of which the Municipality refused to accept as being of inferior quality. The plaintiffs then brought the suit out of which this appeal has arisen, claiming the value of this ballast. The defendant Board set up the defence that the contract was not binding on them inasmuch as the requirement of section 47 of the North-Western Provinces and Oudh Municipalities Act, No. 1 of 1900, were not complied with. This section 47 corres
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