CHAND MOHMAD Vs. BABU

JUDGEMENT

(1.) This Civil Second Appeal has been filed by the appellants-plaintiffs (for short 'the plaintiffs') under Sec. 100 CPC against the judgment and decree dtd. 26/11/1997 passed by Additional District Judge, Chhabra (for short 'the appellate court') in Civil Appeal No. 102/92, whereby the appeal filed by the respondent Nos.1 to 12-defendants (for short 'the defendants') has been allowed and judgment and decree dtd. 21/2/1992 passed by M.J.M. 1st Class, Chhabra (for short 'the trial court') in Civil Suit No. 26/83 decreeing the plaintiffs' suit for redemption, has been set aside and consequently the suit has also been dismissed.

(2.) Plaintiffs had filed a suit for redemption of pledged property against the defendants. In plaint, plaintiffs stated that ornaments mentioned in the plaint were pledged with the defendants on the condition of returning the same back to the plaintiffs when payment was to be made to them. Plaintiffs in their plaint also stated that plaintiffs had given a notice on 15/6/81 for returning the ornaments pledged with the defendants but defendants had not returned the said ornaments.

(3.) Defendants had filed a written statement in which they denied the pledge of ornaments by the plaintiffs and also stated that the suit was time barred and not properly valued. Issue of jurisdiction was also raised by the defendants.