JUDGEMENT

The defendant in a suit for redemption of mortgage is the appellant.

2. The parties are described as per their litigative status before the trial Court.

3. The admitted facts are as hereunder: 4. The plaintiffs filed a suit for recovery of possession of a mortgaged property. It is the case of the plaintiffs that they had earlier filed a suit in O.S. No. 186 of 2008 and pending the suit, an Application was taken out, seeking leave of the Court under Order 23 Rule 1 CPC, to file a fresh suit on the same cause of action, as the plaintiffs felt that the pleading in the earlier suit was incomplete. 5. The said Application for leave to file a fresh suit on the same cause of action was finally decided by this Court in C.R.P. No.1214 of 2010 and this Court, by order dated 22.11.2013, permitted the plaintiffs to withdraw the said suit and thereafter, the second suit in O.S. No.88 of 2014 came to be filed on 09.06.2014 and was subsequently re~presented on 16.06.2014. The case of the plaintiffs is that though the sum of Rs.3,000/~ had been borrowed from the defendants, the same was repaid and therefore, the plaintiffs were entitled to recover possession