JUDGMENT

Dalal, J. - I had to request Mr. Varma not to press his argument which was in conflict with an admission made in the lower appellate Court by his client's pleader. What is stated in the judgment of the lower appellate Court dated 27th July 1926 is this:

The respondents' pleader has admitted that if the caves be found to project over the rasta land then there can be no question that the projecting portion is liable to removal.

2. Mr. Varma argues that this was an admission of law. Whether an admission of law or an admission of fact, when the representative of a party makes a statement that party is bound thereby, and it would be doing great injustice to a Subordinate Court of law to reopen a matter there which has been decided by that Court on the admission of a pleader of a party. The amin's map is accepted as correct. In accordance with that map water from certain eaves of the new building of the defendant appellant falls on common rasta (pathway) of the parties. Those eaves must be removed as admitted by the defendant's own pleader in the lower appellate Court. There is, therefore, nothing in the argument that even if the water drops on this common land the defendant is ent