IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.75 OF 1994 Bhimashankar Tukaram Udagiri )..Appellant Versus Ambadas Rangappa Udagiri & Ors. )..Respondents ---- Mr.M.V.Patange i/by A.G.Pawar for the appellant. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 25.04.2008. PC 1. This is a Second Appeal filed by the original plaintiff impugning judgment and decree dated 6.10.1992 passed by the 5th Additional District Judge, Solapur. By the impugned judgment and decree the appellate Court has allowed the appeal filed by the original defendant and set aside a money decree passed by the IInd Joint Civil Judge, Jr.Division, Solapur on 26.4.1989 in RCC No.971/84. 2. Heard the learned Advocate for the appellant and perused the entire record. On perusal of the plaint it is clear that Civil Suit was filed for recovery of an amount of Rs.8,650/-. It was contended that this amount was paid towards the expenses of a suit filed by the defendant against one Gangubai Habba and others. There are no dates in the plaint as to : 2 : when such payments were allegedly made. Even the evidence does not indicate any payment or any hand-loan directly made to the defendants. There are some copies of demand drafts indicating payment to one Advocate Mr.Nargolkar. The said Advocate is not examined. The bills of the Advocate are not produced and does not establish as to whether these payments were made for work done in the suit filed by the defendant. There is a reference made to a receipt dated 18.10.1981. It was contended that this receipt contains an acknowledgment. This acknowledgment however, has to be within the period of limitation. Once the original dates of the payments are not pleaded or proved in the evidence then it will not be possible to hold that this receipt was issued within the period of limitation of three years from the date of payment. In these circumstances, there is no substantial question of law which arises in the Second Appeal and the same stands dismissed. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)