Hon’ble Saumitra Dayal Singh, J.—This appeal has been filed by the defendant against the order of the Additional District Judge, Court No. 3, Bijnor dated 28.2.2013 rejecting the application No. C-3 filed by the defendant-appellant under Order 41 Rule 19 CPC to recall the order dated 14.2.2012 dismissing the appeal on merits though admittedly the defendant appellant had not argued the matter on merits.

2. Briefly, the order-sheet of Civil Appeal No. 27 of 2011 reveals that prior to the dismissal of the appeal on merits on 14.2.2012 certain dates had been fixed in the appeal proceeding. On 13.2.2012, when the matter was last fixed for hearing the counsel for the defendant appellant was present but he merely informed the Court about an adjournment application prepare by him but which he could not be file because his client could not be contacted.

3. It is also relevant on the previous date being 9.2.2012 the counsel for the defendant appellant had filed another application stating, on account of change of officers of the appellant Nagar Palika Parishad a substitution had become necessary. On that application came to be rejected.

4. It is thereafter that the appeal was decided