1. This is a second appeal filed by the plaintiffs under Section 100 of C.P. Code against the judgment/decree dated 26.04.95 passed by Additional District Judge, Khairagarh Camp Court Kawardha in Civil Appeal No. 116A/87 which in turn arise out of judgment/ decree dated 11.10.82 passed by Civil Judge Class-2, Kawardha in Civil Suit No. 35A/79.

2. By impugned judgment and decree, the First Appellate Court confirmed the judgment/ decree of the trial Court and in consequence dismissed the suit filed by the plaintiffs (appellants).

3. So the short question arises for consideration in this appeal is whether Lower Appellate Court was justified in dismissing the appeal and in consequence was justified in dismissing the plaintiffs suit?

4. The appeal was admitted for final hearing on following substantial question of law :-

“Has the Lower Appellate Court erred in holding that the transaction in question was merely a mortgage and as such suit for redemption of the said land ought to have been filed?"

5. I do not consider it necessary to narrate the whole controversy relating to facts, which in my opinion does not appear necessary in view of the narrow question involved.

6. The suit out o