BIMALA NESSA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Ms. P. Baruah, learned counsel appearing on behalf of Mr. S.C. Keyal, learned Assistant Solicitor General of India and so also Mr. Sk. Nur Mohammad, learned State counsel. The petitioner is aggrieved by the ex -parte judgment and order dated 23rd December, 2009 of the Foreigners Tribunal -I, Barpeta passed in F.T. Case No. 155/2006(B) (F.T. Reference Case No. 7962/1998) (State of Assam Vs. Birnala Nessa), by which she has been declared to be a foreigner of post 25th March, 1971.

(2.) As recorded in the impugned judgment, although the petitioner initially entered appearance in the Tribunal and filed written statement and produced photocopies of some documents but she did not come forward to prove the contents of the written statement and the documents. Irrespective of the said position, the Tribunal in its impugned judgment has discussed the stand of the petitioner in the written statement and so also the documents produced.

(3.) Mr. Mahmud, learned counsel for the petitioner submits that the petitioner is required to be given another chance to adduce evidence. According to him, it is because of the fault on the part of the counsel representing the petitioner, the proceeding resulted in order for ex -parte hearing with eventual ex -parte judgment.