J.V. Gupta, J. - (1.) This is husband's revision petition against the order of the trial Court dated April 18, 1985 whereby his application for restoration of his petition under section 13 of the Hindu Marriage Act (hereinafter called the act), for dissolution of his marriage with his wife Smt. Manju was dismissed for default of appearance oa March 16, 1984.
(2.) The application for restoration of the ex parte proceedings was filed on April 28, 1984. The same was contested on behalf of the respondent wife. The learned Additional District Judge after framing the issues and recording the evidence, came to the conclusion therein that the application was barred by time as it was not filed within 30 days from the date of the petition was dismissed for default of appearance. It was also found that the absence of the husband was intentional and, thus, there was no sufficient ground to restore the proceedings.
(3.) The learned counsel for the petitioner contended that the limitation as provided under article 122 of the Limitation Act, 1963, as such was not applicable to the matrimonial proceedings as the same were not a suit as contemplated thereunder. According to the learned counsel, it was the residuary Art. 137 of the aforesaid Act which governed the present case. The limitation prescribed thereunder for making an application is three years from the time when the right to apply accrues. In support of the contention. the learned counsel relied upon Baldev Singh Vs. State of Punjab, 1982 Punjab Law Journal 297 ; and Antala Gopa Vs. Smt. Sarbo Gopain, AIR 1962 Patna 489 . Reference was also made to the Full Bench judgment of this Court in Gurjant Singh Vs. Nachhattar Kaur, 1981 Hindu Law Reporter 246 . to contend that the proceedings in the petitions under the Act are not suits and, therefore, no decree as such was to be prepared. It was further contended that there were sufficient grounds for restoring the petition filed under section 13 of the Act.;