Patanjali Sastri, J.

1. This appeal arises out of a suit brought by the appellants for a declaration of their title to the wall existing between their house and the house belonging to the respondents and for an injunction restraining the respondents from letting the water from the terrace of their house into the appellants property.

2. The trial Court dismissed the suit and on appeal the parties filed a joint memo, agreeing to a certain arrangement regarding the disposal of the water falling from the terrace of the respondents house and this arrangement was directed to be incorporated in the decree and no question now arises as to that part of the case. As regards the wall in dispute, the learned Subordinate Judge found that it belonged to the appellants and accordingly decreed that part of the appellants claim. This was on the 23rd September, 1935. After the judgment was signed and the decree also was issued in accordance with the judgment, the respondents filed I.A. No. 63 of 1935 on the 15th of October, 1935, in which they prayed for a re-hearing of the appeal. The ground of the prayer was that though the trial Court had found that the wall belonged to the respondents, the