BHAWANI PRASAD Vs. SHEO KUMAR

JUDGEMENT

(1.) This is the defendant's second appeal challenging the judgment and decree dtd. 2/2/1988 passed by Civil Judge, Faizabad in Civil Appeal No.233/1984 arising out of the Regular Suit No.355/1981, decided by the 7th Additional Munsif, Faizabad by means of the its judgment and decree dtd. 18/7/1984, as a result, the suit filed by the plaintiff-respondents for redemption of mortgage was decreed by the trial Court and the same has also been affirmed by the lower Appellate Court.z

(2.) The instant second appeal was admitted by this Court on 15/2/1988, however, at the relevant time, the substantial question of law was not formulated. Later, this Court on 20/3/2023, after hearing the parties, formulated three substantial questions of law involved in the instant second appeal, which read as under:-

(3.) The issue involved in the instant second appeal is regarding the inter- play and applicability of the Limitation Act as well as the Evidence Act as applicable to a suit for redemption of mortgage.