JUDGMENT

PER OSWAL J

1. This appeal under section 13(2) of the Commercial Courts Act , 2015, by the appellants is directed against an order dated 22.05.2023 passed by the Court of learned Additional District Judge (Commercial Court), Jammu (hereinafter to be referred as the 'Trial Court').

2. By virtue of impugned order, the Trial Court has dismissed the appellant‟s application for condonation of delay attending an application seeking restoration of a civil suit titled „M/s Ram Kour Behari Lal and Company vs. M/s Hakam Chand and Company and others‟, which stood dismissed for non-prosecution on 28.05.2011. Consequently, the accompanying application for restoration of the suit was also dismissed leaving the appellant non-suited without adjudication of civil suit on merits which otherwise was posted for final arguments and judgment.

3. The appellant challenges the impugned order on the grounds that the suit, which was diligently pursued for sixteen years, was at the stage of final arguments when it was dismissed for non-prosecution on 28.05.2011. It is contended that the Trial Court acted in a casual and mechanical manner, failing to appreciate that the default arose from shuffling chang