RAMLAL Vs. GIRDHARLAL

JUDGEMENT

(1.) This is a defendants' second appeal under Section 100 of the Code of Civil Procedure (in short the Code) filed against the judgment and decree dated 12-11-1992 passed by learned Additional District Judge, Bayana in Civil Appeal No. 2/1986 whereby the judgment and final decree for redemption of mortgage passed in Civil Suit No. 6/ 1969 by the learned Munsif, Bayana on 15-9-1983 in favour of the plaintiff-mortgagers was affirmed.

(2.) Brief facts of the case are that the plaintiff-respondents filed a suit on 2-1-1969 against the defendants for redemption of mortgage of a house situated at Rudawal. The trial Court passed the contested preliminary decree on 12-1 -1978 in favour of all the plaintiffs and directed them to deposit a sum of Rs. 1,000/- into the Court within a period of one month which was found due upon them. The plaintiffs deposited the said amount into the Court within the stipulated period. Thereafter on 17-11-1981 the plaintiffs applied for passing of final decree in their favour. The defendants opposed this prayer on the ground that application for grant of final decree in the redemption suit was barred by limitation. The trial Court after hearing the parties held that there is no limitation for filing application under Order 34, Rule 8 of the Code and passed final decree for redemption of the mortgage on 15-9-1983 in favour of the plaintiffs. Against the aforesaid final decree the defendants filed an appeal but the same has also been dismissed by the learned Additional District Judge, Bayana by the impugned judgment and decree dated 12-11-1992 holding that the provisions of Limitation Act were inapplicable. Therefore, this appeal has been preferred by the defendants.

(3.) Heard learned counsel for the parties and perused the relevant judgments and other material available on the record.