JUDGMENT

Bennet, J. - This is a first appeal by the Municipal Board of Agra through its Chairman against a decree of the learned Subordinate Judge of Agra in favour of the plaintiff, a contractor B. Ram Lal. The plaint claimed that the plaintiff had constructed 23 works in the year 1930, the works being completed in April, May, June and July of that year, and that there was a balance due to the plaintiff of Rs. 4,696 on these works and also three items of the security of Rs. 300, 50 and 50. Para. 3 of the plaint stated:

That in response to the orders placed with him by the Municipal Board, Agra, through defendants 2 and 3, the plaintiff during the year 1930-31 executed repairs and the constructions of the work specified in annexure A, which also gives full particulars about the dates on which the respective works were completed and on which the bills relating thereto were delivered to the defendant Board as well as the amounts of the bills.

2. Para. 2 of the plaint stated that on 2nd April 1930 the plaintiff and defendant 1, acting through its Chairman, executed an agreement providing that the plaintiff was to execute repairs and constructions of all works that may be ordered by the M