AMOL RATTAN SINGH,J. - (1.) This appeal has been filed against the judgment and order of the learned Single Judge, dismissing the appellants' writ petition (CWP No.22637 of 2010), in which he had sought a direction for recalling of the order dated 31.05.2000, passed in CWP No.5075 of 1982, on the ground that the order in that writ petition had been obtained by fraud and collusion.
(2.) The appellant had cited the case of Bank of India and another v. Avinash D. Mandivikar and others, (2005) 7 SCC 690, to take a plea that fraud vitiates all proceedings and the Court would be justified in making an intervention, even though the litigant himself was not personally affected by the issue involved.
(3.) The learned Single Judge (in the order against which the present appeal has been filed), has dismissed the petition (CWP No.22637 of 2010), vide his order dated 23.08.2011, as being not maintainable, in view of the fact that the petitioner, upon a specific query by the Court, had stated that he is not personally interested in the property which was subject matter of litigation in CWP No.5075 of 1982, but was concerned about the fact that a respondent had secured an order in his favour by deceit.;