IN THE HIGH COURT OF JUDICATURE AT PATNA S.A. No.526 of 1994 1. Bhirgu Nath Pandey 2. Dhrup Narain Pandey 3. Bacha Pandey All sons of Ram Kripal Pandey`(deceased) 4. Ram Ashray Pandey son of Late Ngau Pandey 5. Sita Ram Pandey son of Ram Singashan Pandey 6. Smt.Kanti Devi daughter of Ram Singashan Pandey 7. Mostt. Tileshara Devi wife of Guput Nath Pandey 8. Hari Narain Pandey 9. Sharmajee Pandey 10. Lallan Pandey 11. Suresh Pandey 12. Bipin Pandey 13. Asesar Pandey All sons of Guput Nath Pandey(deceased) 14. Umrawati Devi 15. Sita Devi Both daughters of Guput Nath Pandey (deceased) 16. Lok Nath Pandey son of Ram Govind Pandey All resident of village Pahlezpur Tole Hulas Chapra P.O. Laxmiganj, P.S. Goreakothi, District Siwan. …...Plaintiffs-Appellants-Appellants. Versus 1. Basisth Pandey 2. Bhuti Pandey @ Nageshwar Pandey both sons of Shiw Pandey 3. Pato Devi daughter of Shiw Pandey 4. Nathuni Pandey @ Gaffa Pandey son of Inderdeo Pandey 5. Paspati Pandey son of Inderdeo Pandey 6. Tun Nath Pandey son of Ganga Pandey 7. Mostt. Phulia @ Dabila, wife of Bindheyachal Pandey(deceased) 2 8. Smt. Laishi Devi wife of Kailash Pandey daughter of Bidheyachal Pandey(deceased) 9. Mostt. Manako Kuer wife of Bishun Pandey(deceased) 10. Lahawar Pandey 11. Birendra Pandey 12. Nagendra Pandey All sons of Bishun Pandey(deceased) 13. Asha Devi daughter of Bishun Pandey(deceased) 14. Godawali Devi daughter of Bishun Pandey(deceased) 15. Sarbjit Pandey son fo Sadhu Pandey(deceased) 16. Prabhawati Devi 17. Sonawali Devi Both daughters of Sadhu Pandey deceased 18. Kanchha Pandey @ Kanchan Pandey 19. Kailash Pandey 20. Ramashanker Pandey All sons of Jamuna Pandey deceased 21. Salatra Devi daughter of Jamuna Pandey, deceased 22. Mostt. Maulesara Kuer daughter of Jamuna Pandey(deceased) 23. Mostt. Badamo wife of Kapildeo Pandey(deceased) 24. Goga Pandey 25. Tarkeshwar Pandey 26. Duryodhan Pandey All sons of Kapildeo Pandey(deceased) 27. Umia Devi 28. Patolia Devi 29. Naubaki DEvi All daughters of Kapildeo Pandey(deceased) 30. Sarwan Pandey son of Debidayal Pandey 31. Bhirugu Nath Pandey son of Gopal Pandey 32. Parmatma Pandey 33. Dharmatma Pandey 34. Mahatma Pandey 35. Atma Pandey 3 All sons of Alakh Pandey(deceased) 36. Mahima Pandey 36. Mankeshwar Pandey Both sons of Late Gaya Pandey 38. Babuni Babu Pandey 39. Ram Janam Pandey, Both sons of Harihar Pandey(deceased) All resident of village Pahlezpur Tole Hulaschapra , P.O. Laxmiganj, P.S. Goreakothi, District Siwan . ………..Defendants-Respondents-Respondents. For the appellants : M/s Sheo Nandan Rai, Sr. Advocate, and Ravindra Kr. Singh, Advocate. For the respondents : None ----------- 06/ 28.04.2009 Heard learned counsel for the appellants. This second appeal has been filed by the plaintiffs- appellants-appellants challenging the judgments and decree of both the learned courts below. The matter arises out of Title Suit No.18 of 1969 (06/1976), which was filed by the plaintiffs-appellants for redemption of the zarpeshgi deed executed by Raj Baj Bahoran Singh father of Siyadeo Narayan Singh in favour of Palak Pandey, Ram Baran Pandey, Juga Pandey and Jagdeo Pandey either in part on payment of Rs.41.00 or in the alternative on payment of the entire zarpeshgi amount i.e. Rs. 8160.12 annas in respect of the plots in question and for other ancillary reliefs. 4 The said suit was dismissed on contest by the learned 3rd Additional Munsif, Siwan vide his judgment and decree dated 22.03.1978. Against the aforesaid judgment and decree of the trial court the plaintiffs filed Title Appeal No.68 of 1978 (76/1990) which was also dismissed on contest by the learned Additional District Judge-I, Siwan vide his judgment and decree dated 06.09.1994. From the arguments as well as from the materials on record, including the impugned judgments and decree of both the learned courts below, it is quite apparent that after full consideration of the pleadings and evidence of the parties both the learned courts below came to the conclusion that neither the original zarpeshgi deed of 1891 was produced nor any certified copy of the same was filed. It was also found that the said original or the certified copy of the deed of zarpeshgi was intentionally not filed by the plaintiffs only with a view to keep the court in dark with a mala fide intention to defeat the period of limitation prescribed under the old Limitation Act. In the said circumstances the learned courts below were quite justified in holding that the period of limitation had to be counted from the date of the said deed, which according to the old Limitation Act, was 60 years and hence expired in the year 1951. The learned courts below further found that the suit having been filed in the year 1969 was hopelessly barred by the law of limitation. Furthermore, the learned courts below also found that the zarpeshgi was not subsisting at the time of the alleged tender by 5 the plaintiffs and hence the defendants were not bound to accept the same. The aforesaid decisions of the learned courts below are on the basis of the findings of facts fully supported by the evidence and are also in accordance with clear and specific provisions of law, hence this court does not find any illegality in the impugned judgments and decree of the learned courts below, nor does it find any substantial question of law involved in the instant second appeal, which is accordingly dismissed at this stage of hearing under Order XLI Rule 11 of the Code of Civil Procedure. harish (S.N. Hussain, J.)