JUDGMENT:

S.B. Sinha, J. -- Leave granted.

2. What would be the period of limitation in a suit for redemption of mortgage in the factual matrix involved in the present case is the question in this appeal which arises out of a judgment and order dated 19.7.2006 passed by the High Court of Punjab and Haryana in RSA No.1340 of 1980.

3. A transaction of mortgage in respect of the suit property admeasuring 58 kanals 11 marlas was entered into by and between the predecessors in the interest of the parties herein. The actual date of execution of the deed of mortgage was not known to the plaintiffs-respondents. However, the said mortgaged properties were mutated in the name of the mortgagees on or about 19.3.1913.

4. A suit for redemption of the said mortgage was filed by the respondents on or about 30.12.1970. The learned trial court, as also the First Appellate Court, dismissed the said suit as being barred by limitation opining that the actual date of mortgage being not known, a decree for redemption of mortgage could not be passed.

5. The High Court, however, in the second appeal preferred thereagainst by the respondent herein, formulated the following substantial questions of law :

"1. Whether the finding recorded by the learned first Appellate Court regarding relationship is sustainable?

2. Whether the suit for possession by way of redemption is within the period of limitation?"

6. It was held that in view of the fact that the relationship between the parties as mortgagor and mortgagee was proved, the onus to prove that suit was barred by limitation was on the defendants.

7. The said Second Appeal on the said finding was allowed.

8. Mr. Shambhu Prasad Singh, learned counsel appearing on behalf of the appellant, would submit that the question of limitation being one of jurisdiction, the High Court committed a serious error in allowing the said second appeal. It was submitted that as the date of mutation was not the date of mortgage, the suit should have been held to be barred by limitation.

9. Mr. Manoj Swarup, learned counsel appearing on behalf of the respondents, on the other hand, has drawn our attention to an application filed by the respondent for adduction of additional evidence, as envisaged under Order 41 Rule 27 of the Code of Civil Procedure and submitted that the deed of mortgage which was registered in Village Pangota, Tehsil Taran Taran in the District of Amritsar, now in Pakistan, could be procured by the respondents which, if taken into consideration, would clearly establish that the suit was within the prescribed period of limitation having been executed on 20.2.1913.

10. The relationship between the parties is not in dispute. Respondents filed the aforementioned suit for a decree for redemption of mortgage on payment of a sum as may be found due to the appellants herein. The details of the mortgage were furnished but the actual date of mortgage being not known could not be furnished.

11. Sohan Singh and Bahadur Singh were the original mortgagors. Sohan Singh is said to have been not seen 10 years prior to the institution of the suit and, thus, presumed to be dead. Respondents are said to have inherited the properties of the said mortgagors and, thus, stepped into their shoes. In the written statement, the respondent denied and disputed the relationship between the parties, stating :

"1. Para No.1 of the plaint is wrong and incorrect. The suit land is not of the plaintiffs. Rather the total land is under the permanent continuing possession of defendant No.1. The land in dispute as mentioned in para No.1 of the plaint filed by the plaintiffs never mortgaged with the defendants and the facts mentioned in para No.1 of the plaint regarding the alleged mortgaged are