J U D G M E N T

Basant, J.

The petitioner has come to this Court with this Writ Petition under Article 226 of the Constitution of India to assail Exhibit P6 order, which is one passed evidently under Order IX Rule 13 of the Code of Civil Procedure. By that order the prayer for setting aside an ex parte decree has been dismissed.

2. The respondent herein who is the mother-in-law of the petitioner had filed O.P.No.738/99 against the petitioner claiming return of gold ornaments and cash and for payment of maintenance for the daughter of the petitioner. In that Original Petition, an ex parte order was passed. The petitioner filed an application to set aside that ex parte order. Vide impugned order, the said request was turned down and the petition was dismissed.

3. The petitioner claims to be aggrieved by the impugned order, Exhibit P6. He wants to challenge that order. Instead of W.P.(C)No.9091/09 -2-

filing an appeal under Section 19 (1) of the Family Courts Act , the petitioner has come to this Court with this petition under Article

226/227 of the Constitution of India.

4. Called upon to explain how such a Writ Petition is maintainable, when the petitioner has the statutory right of appea