JUDGMENT 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." 4. True it is that on 02.07.2015, counsel for the appellant was not present but the Court examined the matter on merits and considering the fact that it was a case of concurrent finding of fact by both the Courts below, Court dismissed the same on merits. In the judgment, it is also observed that no question of law much less substantial question of law involved in the matter. In view of explanation to Rule 17 Order 41 CPC, Rule 19 Order 41 CPC is also not applicable in the instant case and consequently, I am not persuaded to entertain this application. 5. Resultantly, the application is bereft of any merit, the same is, therefore, dismissed.Application dismissed. *******