JUDGMENT

D.P. Mohapatra, J.-The question that arises for determination in this appeal is whether the High Court is right in dismissing the suit filed by the appellants as barred by limitation. The trial Court and the first appellate Court had answered the question in favour of the plaintiffs holding that the suit was filed within time. The answer to the question depends on whether the suit is one for redemption of the mortgage or is one for recovery of possession of the property which had been mortgaged by predecessor of the plaintiffs with the father of the defendants. Another question which arises in this connection is whether the Himachal Pradesh Debt Reduction Act, 1976 (Act 31 of 1976) provides a fresh cause of action to the debtor/mortgagor to recover the mortgaged property.

2. One Punnu father of the appellants mortgaged with possession the suit property with father of the respondents on 26 Magh 2003 (BK) corresponding to February 19, 1946 for a consideration of Rs. 830/-. The appellants who succeeded to the suit land after death of their father made an application on 2.4.1979 to the Collector, Ghumarwin under Section 4 of the H.P. Restitution of Mortgaged Lands Act, 1976. It