1 nms3586-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 3586 of 2008 . in Suit No. 2655 of 1990 Vasant Bhavanji Shah .. Plaintiff v/s. Bholanath Adityanarayan Tiwari & Others ..Defendants Mr.Bhurgesh Khanapurkar i/b. M.K.Ambalal & Co. for the Plaintiff. Mr.R.C.Tripathi for the Defendant No.1 in support of Notice of Motion Mr.D.Shukla i/b.M.V.Pandey for the Defendant No.7 CORAM : R.Y.GANOO, J. DATED : 1st October , 2010 P.C. : 1. This motion is taken out by defendant no.1 praying that the decree dated 24.2.1993 passed on the basis of the consent terms dated 24/2/1993 be set aside and the suit be restored to file. 2. Learned Counsel for the defendant no.1 submitted that the parties i.e. the plaintiff and defendant nos.2 to 7 practiced fraud upon defendant no.1 and that is now the decree was sought. If defendant no.1claims that while securing this decree dated 24.2.1993 fraud was practiced 2 nms3586-08.sxw upon him it was necessary for defendant no.1 to institute the substantive suit challenging the said decree and the consent terms and apply for appropriate declarations. The method adopted by the defendant no.1 is not proper. This motion itself is not maintainable hence following order is passed to dispose of this notice of motion. ORDER i) Notice of Motion is not maintainable. If at all the defendant no.1 is interested in challenging the decree dated 24.2.1993 on the grounds of fraud or otherwise, defendant no.1 is free to institute substantive suit. This court has not gone into the questions raised in terms of this notice of motion. ii) Motion stands disposed of accordingly. There shall be no order as to costs. [R.Y.GANOO, J.]