Joginder Singh and another vs Karam Singh

S.D. Bajaj, J.—One Kehar Singh son of Hira Singh resident of village Punjwar tehsil Tarn Taran District Amritsar mortgaged his 11 Kanals 2 Marias of land with Karam Singh for Rs. 330/ on July 27, 1951 Describing themselves as collaterals of Kehar Singh deceased plaintiff-appellants filed before the Collector an application for redemption of the mortgage lands on May 10, 1974 which was dismissed on August 11, 1975. While rejecting it learned Collector also observed, ''''and allow the applicant to file fresh application after fulfilling all the relevant formalities." Another application filed by them in this regard on June 22, 1976 was, however, dismissed by the Collector on January 25, 1977 on the ground that it was barred by section 13 of the Redemption of Mortgages (Punjab) Act, 1913.

Civil Suit No. 242 was filed by the plaintiff-appellant on May 2, 1977 before the learned trial court for recovery of possession of the land in suit by redemption which was dismissed on April 18, 1980 as time barred Civil Appeal No. 221 of 1980 filed on May 7. 1980 was also dismissed by the learned lower Appellate Court on October 1, 1982 on the same ground. Feeling aggrieved, plaintiff appellants have filed R.S.A. No. 177 of 1982, in this Court.

I have heard Shri M.S. Dhillon, Advocate, for the appellants, Mr. H.L. Sarin, Sr. Advocate, for the respondent and have carefully gone through the record of proceedings before the learned two courts below.

The sole point to be considered in the present proceedings is whether the period of limitation would commence to run from August 11, 1975 or January 25, 1977, relevant section 100 of the Indian Limitation Acts reads:-

To alter or set aside any decision or order of a Civil Court in any proceeding other than a suit or any act or order of an officer of Government in his official capacity.

one year

The date of the final decision or order by the Court or the date of the act or order of the officer, as the case may be.

In the plaint of civil suit No. 242 filed on May 2, 1977 there is absolutely no mention of the order dated January 25, 1977. It is based on the order dated August 11, 1975 and was obviously filed after the expiry of one year from the date of the assailed order of the Collector.

Again it has been held in Mir Chand v. Devia 1971 P.L.J. 204 and Kishan Singh v Mithu Singh (1984) 86 P.L.R. 581 that period of limitation would start running from August 11, 1975 and that redundant observation made by the Collector and reproduced above therein is of no consequence. It was presumably on the basis of awakening resulting from judgment aforesaid which persuaded the plaintiff-appellant not to make a mention of the second application or claim that the period of limitation started running on January 25, 1977. There is nothing to disturb the concurrent findings of the learned two courts below in this regard. R.S.A. No. 177 of 1983 is accordingly dismissed with costs.