JUDGMENT : KNOX, J.:— In the suit out of which this appeal arises, the plaintiff, who is appellant in this Court, came into court alleging that at the instance of Shambhu Nath, whom he made a defendant the Municipal Board of Pilibhit, also made defendants, had without any authority and for no reason issued an order to stop the water “which used to flow from the plaintiff's house, under Shambhu Nath defendant's house and direct the flow of it to the south,” He asked for a declaration that the water of his house had been flowing, from of old, towards the west through Shambhu Nath's house, and for removal of the obstruction which was offered by the defendants. The suit was dismissed by the Munsif whose decision was affirmed in appeal. It was found that there was no evidence that the Municipal Board had acted at the instance of Shambhu Nath. 2. The Chairman of the Municipal Board pleaded that the drain in suit was prejudicial to health and public comfort, and that he had acted under statutory powers. Plaintiff comes here in second appeal. We have listened to a long argument by his learned counsel and to the reply of the learned Government pleader on behalf of the Municipal Board. In our opinion the appeal must fail. Chapter 7 of Act No. I of 1900, which deals with powers conferred on Municipal Boards for “sanitary and other purposes,” confers on Municipal Boards very wide powers in regard to drains. Those powers are to be found set out in Sections 90 and 91 of the Act. If a Board goes beyond those powers or if the Board are assuming to themselves or authority, which the law does not give them, no doubt their action can be challenged by a Suit in Civil Courts, but if they confine themselves within the exercise of powers which the legislature has seen fit to confer upon them, the statutory powers are a sufficient answer to any suit that may be brought Frewin v. Lewis, 4 Myl Cr., 249, It has not been shown to us in the present case that the Municipal Board in any way exceeded the statutory power conferred on them by the sections we have quoted. The appeal fails and is dismissed with costs.