M.C.No.752 of 2022

R.A.No.24 of 2022

C.D.A. No.846 of 2002

 Learned counsel for the petitioner is present. Mr. T.Meher, learned counsel and associates file vakalatnama on behalf of O.P/respondent.

 Heard learned counsel for both sides on the limitation petition and review petition.

 Learned counsel for the petitioner submitted that the appeal was dismissed for default on 11.04.2016. He came to know the appeal was dismissed in the month of September, 2022. Thereafter, he filed the review petition to review the order dated 11.04.2016 and to condone the delay by allowing he review application and restoring the appeal to file. He submitted that he was not aware about the dismissal of the appeal.

 Learned counsel for the respondent submitted that it is a matter of 2002 and 6 years after dismissal of the appeal, if the review application is allowed the complainant shall suffer irreparable loss.

 Considered the submission. Perused the record. It appears from the record that during the presence of the appellant respondent appeared and thereafter he did not participate and actually the case was  dismissed for default on 11.04.2016 when the matter was fixed for hearing of the appeal.

 Moreover, allowing the petition to restore the appeal amounts to abuse the process of law and provisions C.P.Act,1986. Therefore, we are not inclined to allow both the petitions and both the petitions are dismissed.