(1) THIS is an appeal by special leave by the plaintiff in a suit for redemption of a mortgage dated 4.6.23. The suit was filed on 28/12/1970. It is not in dispute that under the general law applicable to a suit for redemption, the claim before the civil court was within limitation, but limitation was pleaded by the defendant on a different ground. Before asking for redemption in the Civil court in 1970, the plaintiff had gone to the Authority prescribed under the Punjab Redemption of Mortgages Act, 1913, by making an application under S. 4 in 1968 and on 28/08/1968, the Collector under the Act rejected the same on accepting the defence plea that there was no mortgage. The defendant pleaded that the suit instituted beyond one year from the date of that order was barred in view of Article 100 of the Schedule of Limitation Act of 1963. The plaintiff failed when the plea of limitation was accepted and in these circumstances has moved his unsuccessful battle before this court.

(2) S. 9 and 12 of the Punjab read thus:"Sec.9 :"Procedure in contentious cases :If the mortgagee raises objection on any ground other than the amount of the deposit, or if the petitioner is not wi