ARUN BHANSALI,J. - (1.) This appeal under Order XLIII, Rule 1(w) [wrongly indicated as Rule 1(r)] is directed against order dated 25.10.2017 passed by Additional District Judge No. 3, Jodhpur Metro, whereby, the application filed by respondent No. 1 under Section 114 CPC read with Section 151 CPC and Order IX, Rule 9, 4, and 7 read with Section 151 CPC has been accepted and order dated 30.01.2015 passed in Civil Misc. Case No. 215/2012 has been recalled and the Original Application i.e. Case No. 16/2010 (45A/97) has been restored.
(2.) The respondent-plaintiff initiated proceedings for maintenance under provisions of the Hindu Adoptions and Maintenance Act, 1956 on 05.02.1997. The proceedings, after going through various stages, were apparently fixed at the stage of final arguments and applicant had filed her written arguments also when on 19.12.2011 the application in absence of the applicant/her counsel was dismissed for non-prosecution.
(3.) The applicant filed application under Order IX, Rule 9 CPC seeking restoration of the proceedings.;