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Judgment
Somayya, J.—The advocate who appeared for the appellants in the lower appellate Court conceded that the plot of thirty cents which was
the subject of the appeal was adjudged in the previous suits to belong to the plaintiffs. This concession is put in the double negative, but there is no
doubt whatever as to what was conceded. An advocate has the right to say whether on the evidence he can challenge a particular fact. For doing
this he need not have the previous authority of the client. In fact every day appellate courts put a question to the advocates whether this or that fact
can be challanged on the record and the advocates are bound to answer. Stating that this point was conceded, the lower appellate Court also said,
as the Judges often do, that in their own opinion the concession was a fair one to make.
Seeing that this statement of the lower appellate Court is not challenged by any statement of the concerned advocate, I decline to hear
arguments on a point which was conceded.
The concession is only as regards the plot marked green in the plan dated 18th October, 1936, and attached to the decree of the first Court.
The second appeal is dismissed with costs of the 1st respondent.
(No leave).