-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Second Appeal No.40 of 2010. Prem Sukh Surana @ Prem Chand Surana son of Shri Sugan Chand Surana VERSUS Late Shri Ramesh Chand Jindal son of Shri Sita Ram through his LRs. 1/1 - Ramavtar and Others Date of Order :::: 29th January, 2010. Hon'ble Mr. Justice Dalip Singh Mr. N.L. Agrawal, Counsel for the Defendant-appellant. *** By the Court : Heard learned counsel for the defendant-appellant. Both the learned Courts below have concurrently held against the defendant-appellant in so far as Issue No.1 with regard to the borrowing the amount of Rs.45,000/- & Rs.25,000/- is concerned. Accordingly Issue No.1 was decided by both the learned Courts below against the defendant- appellant. So far as the findings on Issue No.2 are concerned, the two learned Courts below have concurrently held that on the basis of partial payment of the debt on 04.04.1988 the suit, which was within limitation. The finding with regard to the part -2- payment of the debt are essentially findings of fact based upon appreciation of evidence recorded by the two learned Courts below. This Court in second appeal under Section 100 of the Code of Civil Procedure, 1908 cannot re-appreciate the evidence so as to give the different finding. In the facts and circumstances, the plea, which has been raised by the learned counsel for the defendant-appellant in this second appeal being essentially based upon re- appreciation of evidence the same cannot be entertained in second appeal under Section 100, C.P.C. No substantial question of law arises in this appeal. The second appeal as well as the stay application are accordingly dismissed summarily. (Dalip Singh), J. Ashok/