IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 FAO.No. 228 of 2009() --------------------- OS.219/1996 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/PETITIONER/DEFENDANT/SUPPLEMENTAL PET. -------------------------------------------------------------------- 1. K.VENUGOPALAN THAMPI(DIED), HIS LEGAL HEIRS SUPPL.1. PRAMEELA DEVI, W/O.LATE K.VENUGOPALAN THAMPI, KARTHIKA, PERUNTHANNI, PETTAH VILLAGE, THIRUVANANTHAPURAM. SUPPL.2. KAVITHA THAMPI, D/O.LATE K.VENUGOPALAN THAMPI, KARTHIKA, PERUNTHANNI, PETTAH VILLAGE, THIRUVANANTHAPURAM. (AS PER ORDER IN IA 1734/06 DT.04/10/2006). BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.R.S.MADHU RESPONDENT(S): CR.PETITIONER/PLAINTIFF -------------------------------------------------------- MANAGING PARTNER, MANIKKANAMPARAMBIL CHITTIES, UDAYAMPEROOR, NADAKKAVU, ERNAKULAM. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = F.A.O NO. 228 OF 2009 = = = = = = = = = = = = = = = Dated this the 1st day of October, 2009. J U D G M E N T This appeal is preferred against the order of the 2nd Addl. Sub Judge, Thiruvananthapuram in I.A.4549/04 in O.S.219/96. The defendant was set exparte and he moved an application for setting aside the exparte order as I.A.1347/03. The said application was dismissed. In order to review that order an I.A. was filed as I.A.974/04. It was also dismissed. It is to review that order another I.A. of this nature is filed. It has to be stated that an order rejecting an application for review is not appealable under Or.47 Rule 7. As early as in 1925 the Hon'ble High Court of Calcutta has taken the view an order under O.47 Rule 7 refusing to re- admit an application for review, dismissed for default, is not an appealable order.(From the AIR Manual on CPC 5th Edition, page 129). Therefore I do not find any ground to F.A.O NO. 228 OF 2009 -:2:- entertain this appeal. I make it clear if any other remedy is available for the party this will not be a bar to pursue the same. Accordingly the FAO is closed. M.N. KRISHNAN, JUDGE. ul/-