JUDGMENT/ORDER : Applicants/Appellants Raj Kumar and Guddi @ Shobha Chauhan have preferred this Review Petition against the impugned order dated 14.08.2014 passed by this Court whereby the S.B. Civil Misc. Appeal No. 626/2013 (Rajkumar & Ors. Vs Data Ram) was decided on merits in absence of appellants/applicants. Learned Counsel for appellants/applicants Mr. Dileep Singh Jadaun submits that under order 41 Rule 17 of Code of Civil Procedure, if appellant doesn’t appear and appeal is called for hearing, Court may dismiss the appeal but Court is not empowered to dismiss it on merits, therefore the impugned order by which appeal was dismissed on merits is not sustainable and it is error apparent on face of record, therefore the impugned order may be recalled. No one appeared on behalf of respondent even after service to oppose this Review Petition. Order 41 Rule 17 Reads as under :- “17. Dismissal of appeal for appellant’s default.- (1) Where on the day fixed, or on any other day to which the hearing may be adjourned, the appellant does not appear when the appeal is called on for hearing, the court may make an order that the appeal be dismissed. Explanation: Nothing this sub-rule shall be construed as empowering the court to dismiss the appeal on the merits.” From the bare perusal of aforesaid explanation of Rule 17, it is clear that Court is not empowered to dismiss the appeal on merits while from the perusal of impugned order, it seems that appeal was dismissed on merits, therefore considering this error apparent on record, the Review Petition is allowed and impugned order dated 14.08.2014 is recalled and S.B. Civil Misc. Appeal No. 626/2013 is restored on its original number.