JABBER LAL Vs. LRS OF RAM NARAYAN

JUDGEMENT

(1.) The defendants, Jabber Lal S/o Ramchandra Sunar, Smt. Mumi @ Magi W/o late Sh. Umraochand Sonar, Huchi @ Laxmi W/o late Sh. Nemichand Sonar and Kamla W/o Sh. Shenaram have preferred this second appeal against the plaintiffs-respondents Balu Ram S/o Ram Narayan (not Ramchandra s/O Gokul Das, who is defendant) and legal heirs of Smt. Rupi Bai W/o late Sh. Ram Jeevan and others being aggrieved by the judgment and decree passed by lower appellate court dated 29.09.2006 allowing plaintiffs' appeal No. 96/1993-LR's of Ramnarayan Vs. Jabberlal & Ors. , against the judgment and decree dated 18.05.1989 of learned trial court in Civil Suit No. 318/1968-Ramnarayan Vs. Amarchand & Ors. , by which the learned trial court dismissed the suit for redemption of mortgage as barred by limitation.

(2.) Learned counsel for the appellants-defendants, Mr. R. K. Thanvi, Sr. Advocate urged that the suit was rightly dismissed by the learned trial court on 18.05.1989 and the appellate court has erred in allowing plaintiffs' first appeal by the impugned judgment and decree dated 29.06.2006 and decreeing the suit for redemption of mortgage. His contentions, as summarized are:

(3.) He relied upon following judgments in support of his contentions and urged that substantial questions of law as suggested in the memo of appeal are arise in the present case.