- (1.)This Regular Second Appeal, by the plaintiffs, was admitted on the following substantial questions of law:
1. Whether the Lower Appellate Court has committed grave illegality in holding the suit to be bad for non-joinder of necessary parties, when the said objection was not taken in the written statement nor the same was subject matter of issue and decision rendered by the trial court?

2. Whether the Lower Appellate Court acted arbitrarily in an erroneous and perverse manner in declining the relief of injunction to the Plaintiff-Appellants which was granted by the Trial Court holding the Plaintiff-Appellants to be in exclusive possession, are not the findings recorded by the Lower Appellate Court erroneous and perverse, opposed to the admissions made by the Defendant-respondents in their evidence and pleadings?

3. Whether the Lower Appellate Court has acted in a highly illegal and erroneous manner in not deciding the material point as to whether the mortgage stood redeemed within the period of limitation or not?

4. Whether the judgment and decree of the Appellate Court stands vitiated on account of making out a totally new and different case for the Defendants-respondents which was beyond the pleadings and the evidence? Are not the findings of the Lower Appellate Court based on conjectures and surmises?

(2.)Facts relevant for the disposal of the appeal may be noticed. Plaintiffs-appellants, claiming themselves to be mortgagees with possession, filed a suit for declaration that they had become the owner of the mortgaged property (hereinafter referred to as suit property), on account of the defendants/mortgagees having not redeemed the mortgage, within the time limited by law, i. e. Article 61 of the Limitation Act. It was alleged that the mortgage had been created sometime prior to Sambat 2001, corresponding to the year 1944.
(3.)Suit was contested by the defendants-respondents, who admitted that mortgage had been created, but pleaded that the same stood redeemed in the year 1956 and that after redemption possession was with them.