JUDGMENT :

1. This is the defendant's second appeal challenging the judgment and decree dated 02.02.1988 passed by Civil Judge, Faizabad in Civil Appeal No.233/1984 arising out of the Regular Suit No.355/1981, decided by the 7th Additional Munsif, Faizabad by means of the its judgment and decree dated 18.07.1984, as a result, the suit filed by the plaintiff-respondents for redemption of mortgage was decreed by the trial Court and the same has also been affirmed by the lower Appellate Court.

2. The instant second appeal was admitted by this Court on 15.02.1988, however, at the relevant time, the substantial question of law was not formulated. Later, this Court on 20.03.2023, after hearing the parties, formulated three substantial questions of law involved in the instant second appeal, which read as under:-

"(A) Whether the two courts have committed an error in decreeing the suit which was partially modified by the Lower Appellate Court while affirming the decree of the Trial Court ignoring the issue of limitation, inasmuch as, a specific defence was raised by the defendants that th