Heard learned counsel for the petitioner and learned Standing counsel.
An ex-parte injunction order was granted by the Civil Court vide its order dated 30.05.2009. petitioner who alleges himself to be aggrieved has approached this Court against that order after a lapse of one year without making an application for recall or modify the ex-parte order. The ground taken by the petitioner is that as the order has been obtained by fraud, therefore, this writ petition can be entertained even after a lapse of one year without explaining the reason.
In my opinion without making an application for setting aside an ex-parte order, the writ petition cannot be held to be maintainable. In spite of the fact that if the order has been obtained by fraud, the question of fraud as alleged by the petitioner can only be considered by the competent Court of law on a application made by the petitioner. Therefore, the writ petition cannot be entertained. It is hereby dismissed.
No order as to costs.
Order Date :- 29.6.2010 Pr/-