What application to file if Order was obtained by misrepresentation of fact whereby Contempt petition in High Court was dropped
Temporary injunction was passed in 1995, whereby defendants were prevented from disturbing possession of plaintiff- Lower appellate Court of 2nd Jt. Additional District Judge, by order of date 4/11/1995, affirmed findings arrived at, in the order of injunction passed in favor of plaintiffs/respondents and application filed by defendant in Misc. Civil Appeal to obtain the stay order was rejected and the interim order of stay granted in favor of petitioner/defendant was vacated. In Misc. Civil Appeal filed by petitioner/defendant, before the District Judge, the order of temporary injunction passed in 1995 was set aside. Plaintiffs filed Civil Revision Application before the High Court, and the order of status quo was passed on 16/02/96 in favor of plaintiff/petitioner. That, respondent/defendant dispossessed petitioner/plaintiffs of their possession over suit land on 10/06/96, hence Contempt petition was filed in Civil Revision application. By the order of 20/08/2002, contempt petition was dropped, and by the order of [deleted], the C.R.A. filed under Section 115 was held as not maintainable. That, simultaneously plaintiffs attended false criminal case filed by defendants against plaintiff-landowners, and by order 31/8/2009, plaintiff-landowner were acquitted, and in judgment in criminal case, it was held that, defendant could not establish their possession on the suit-field on the date of execution of unregistered agreement. That, from 2007 defendant as plaintiff instituted new case with prayer for specific performance. In 2017, plaintiff filed complaint to the Principal District Judge, Wardha, that records are changed. That, on 18/01/2024, certified document of the order of date 4/11/95, passed by the 2nd Jt. District Judge, was obtained, the mention of the order from Rojanama is removed after record changed. Also, the document of the order 4/11/95, was not before the High Court, when the contempt petition was filed and dropped. The plea taken by defendants before the High Court, was that, there is no infirmity with the order of date 31/01/96, passed by the District judge, Wardha. That, document of the order date 4/11/95, was not on the record, and complaint thereof was filed with the Principal District Judge Wardha. Can the order of contempt petition, dropped by the High Court, can be recalled ?. It is a fact that record is changed.