SURENDER SINGH ARYA Vs. MEENU ARYA

JUDGEMENT

(1.) Petitioner impugns order dated 26.02.2015 whereby the trial court has accepted the application of the respondent for restoration of the petition; dismissed on 08.10.2012 and restored the same.

(2.) Learned counsel for the petitioner submits that the respondent had substantially delayed the proceedings and as such the trial court was constrained to pass a judgment on 08.10.2012 dismissing the petition.

(3.) Learned counsel submits that the judgment dated 08.10.2012 passed by the trial court was an order on merits and could not have been recalled merely on the ground of seeking restoration of the petition and the only remedy available to the respondent was to file an appeal, impugning the said judgment. Learned counsel further submits that the trial court has returned a finding that respondent was deliberately trying to delay the proceedings and did not want to pursue the same.