P.K. Lohra, J. - (1.) Applicant-appellant has filed this application under Order 41, Rule 17 and 19 read with Section 151 CPC for recalling the judgment and order dated 02.07.2015 rendered in S.B.Civil Second Appeal No.117/2015.
(2.) The appeal was called out twice on 02.07.2015 and after examining the matter on merits, Court has found that second appeal is bereft of any merit, which resulted in its dismissal.
(3.) At the outset, it may be observed that Order 41, Rule 17 is not applicable when appeal is decided on merits and it can only be invoked when appeal is dismissed in default. The explanation to Rule 17 Order 41 CPC is crystal clear which is reproduced as under:- "Explanation - Nothing in this sub-rule shall be construed as empowering the Court to dismiss the appeal on the merits.";