BANSI RAM Vs. KHAZANA

JUDGEMENT

(1.) This Regular Second Appeal under para 32, of the Himachal Pradesh (Courts) Order has been directed against the judgment and decree dated 16/04/1982, of the learned Additional District Judge, Mandi and Shimla Division, Camp at Bilaspur.

(2.) Plaintiffs are the appellants. Their suit for possession of suit land by way of redemp-tion was decreed by the trial Court, but has been dismissed in appeal on the short ground that the suit is patently time-barred. Thus the sole question involved in the instant case is "whether the suit in question has been filed within time".

(3.) The facts leading to the instant appeal, shortly stated, are that S/Sh. Shyama and Jyoti, predecessor-in-interest of the appel-lants had mortgaged with possession the suit land with S/Shri Jawahar and Kanshi Ram, predecessor-in-interest for a consideration of Rs. 100.00 on 10th of Jeth 1977 BK. On 8th February, 1967, the plaintiff preferred an application for redemption of the mortgage in question before the Collector, Bilaspur, which application was contested. For the reason given in his order dated 11-5-1971 Ex. PC the appellants were directed to seek their remedy in a civil Court, consequent whereto the appellants filed the suit, as indi-cated above. The first appellate Court cause to the conclusion that the appellants were not entitled to the period spent by them in prose-cuting their application before the Collector, Bilaspur, because those proceedings could neither be said to be the proceedings before a Court nor that can be nomenclature as 'civil proceedings' to which S. 14 of the Limitation Act applies. As a result of this finding the appellants suit was dismissed.