This is an appeal by the Plaintiff and is directed against the judgment and decree of the Court of First Additional District Judge, Jabalpur, dismissing his suit (No. 2-B of 1952).

The Plaintiff executed certain works for the Municipal Committee, Murwara, during the years 194 8-49, 1949-50 and 1950-51. These works were executed in pursuance of contracts entered into by the committee with the Plaintiff, and consisted of construction of chabutras and drain in the municipal market, repairs and construction of municipal buildings, and construction of roads within the municipal limits. It was alleged that the committee acted dishonestly in preparing the bills, in that it departed from the agreed rates and recorded incorrect measurements. The Plaintiff accordingly sued the committee for recovery of Rs. 15,936/6/- on account of the cost of construction and repairs, and claimed interest on the amount at 1 p. c. p. m. by way of damages. The suit was, however, dismissed as barred by limitation, without any decision on merits.

It was not disputed that the works were within the scope of the committee's duties under Section 50, and also of its discretionary powers under Section 51, C.P. and