ORDER 1. In the available circumstances, instead of hearing on admission of this petition, the same is heard on merits for final disposal. 2. Heard. 3. On behalf of the appellant of First Appeal No.93/2008, dismissed in the absence of the appellant vide order dated 16.7.2013, this petition is preferred under Order 47 rule 1 read with section 114 of CPC, for review of the aforesaid order dated 16.7.2013 on various grounds stated in the petition, including the ground that in the absence of appellant's counsel contrary to the settled mandatory provision of law, such appeal was dismissed on merits in the absence of the appellant/petitioner. 4. Having heard learned counsel, keeping in view the arguments advanced, after perusing the record of the aforesaid first appeal as well as the impugned order along with this petition, we are of the considered view that the impugned order passed in the First Appeal No.93/2008 is not in accordance with law on two counts; firstly, in view of the provision of Order 41 rule 17 CPC in the absence of the appellant- petitioner the concerning Bench did not have any authority to consider the matter on merits except to dismiss the same for want of prosecution. Secondly, as per principle of natural justice and settled proposition of law, in the absence of the counsel of the parties, before dismissing the appeal on merits the fresh notice for hearing was necessary. It is apparent from the record that no such direction was given in this regard and the appeal was dismissed on merits in the absence of the appellant as well as his counsel. In such premises, we have found apparent error on the face of record in the impugned order. Consequently, the same is set aside. Pursuant to it, First Appeal No.93/2008 is hereby restored for hearing on merits with a direction to place the same before the appropriate Bench in the week commencing 27.4.2015 for further orders. 5. At this stage, learned senior counsel of the petitioner by referring the provision of section 15 of the Court-fees Act, submits that on allowing the aforesaid review petition under the discretionary jurisdiction of this Court, the petitioner- appellant is entitled for refund of the Court-fees paid in this review petition. 6. 5. At this stage, learned senior counsel of the petitioner by referring the provision of section 15 of the Court-fees Act, submits that on allowing the aforesaid review petition under the discretionary jurisdiction of this Court, the petitioner- appellant is entitled for refund of the Court-fees paid in this review petition. 6. Having heard the counsel, after perusing such provision, in the available circumstances, according to which the review petition has been allowed, office is directed to issue the refund certificate of the Court-fees paid by the petitioner in the present petition in accordance with the procedure prescribed under the law.