JUDGMENT

This appeal is by the plaintiff in a suit for cancellation of document and prohibitory injunction. He is aggrieved by the refusal of the first appellate court to restore his appeal that was dismissed for default.

2. The suit was dismissed by the trial court. The plaintiff filed first appeal challenging the dismissal. In the appeal, the plaintiff-appellant filed an application as I.A.No.1 of 2022 under Order XXIII Rule (1) (3) of the Code of Civil Procedure , 1908, seeking leave of the Court to withdraw the suit with liberty to file a fresh suit. On 16.08.2023, the application was dismissed. Consequent to the failure of the appellant to argue the appeal, the appeal was dismissed on that date.

3. The plaintiff-appellant filed an application as RPIA No.3 of 2022, seeking readmission of the appeal along with I.A.No.2 of 2022, seeking to condone the delay of 48 days in filing the application. As per the impugned order, the court dismissed the application. 4. In spite of service of notice on the respondent, there is no appearance. I have heard the learned counsel for the appellant.

5. The first appeal being one of the year 2016 and on the failure of the appellant to argue the appe