ORDER NO. 5 DT. 22.03.2013

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

Mr. Barun Prasad and Mr. S.K.Das, Ld. Advocates, appear on behalf of the Revision Petitioner.  None appears for the OPs.  Heard the Ld. Advocates appearing for the Revisionist.  This is an application praying for setting aside the impugned order dt. 14.5.12 passed by the Ld. DCDRF, Unit-I, Kolkata.  Ld. District Forum observed that in view of the judgement of the Hon’ble Apex Court published in (2011) 9 Supreme Court Cases 541 that Forum had no jurisdiction to recall its earlier order and thus rejected the petition.  It is submitted that the complaint case was dismissed for default on 3.4.12 and thereafter an application was filed for restoration of the case, which was dismissed, vide impugned Order No. 1 dt. 14.5.12.  We are of the considered view that the Ld. District Forum has rightly observed that it had no power to recall its earlier order and thereby to restore the complaint case to its original file and number.  There is no ground to interfere with the order impugned.  The Revision Petition is, therefore, dismissed and the same is disposed of.  The Revisionist is at liberty to file appropriate application before the appropriate forum, if not otherwise barred.