ORDER : (1) The parties are present in person and there is no possibility of a settlement for the reason the respondent was agreeable for divorce provided she was paid permanent alimony in sum of Rs. 15,00,000/-. The appellant who is present in person stated that he does not have the money. (2) The respondent states that if this be the position she is agreeable for a divorce without any permanent alimony demand. (3) Appellant’s petition seeking divorce came to be dismissed in default and the impugned order challenges the dismissal of application filed by the appellant under Order 9 Rule 9 of the Code of Civil Procedure. (4) The respondent who is present in person states that she has no objection if the impugned order is set aside and the divorce petition is restored. Respondent states that once the petition is restored she would join the appellant in seeking divorce by consent. (5) In that view of the matter, the appeal is disposed of setting aside the impugned order dated 28.01.2015. Petition filed by the appellant seeking decree of divorce is restored. (6) No costs. (7) Since the appeal is disposed of all pending applications are having become infructurous and are disposed of as such.