MAZIDA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) 11.11.2019 (Manojit Bhuyan, J) Heard Ms. S.B. Choudhury, learned counsel for the petitioner as well as Ms. G. Hazarika, learned counsel representing respondent no.1. Mr. J. Payeng, learned counsel represents respondent nos.2, 3 and 4 whereas Ms. B. Das, learned counsel represents respondent no.5. Ms. U. Das, learned counsel appears for respondent no.6.

(2.) Petitioner assails ex-parte order dated 28.01.2019 passed by the Foreigners' Tribunal 3 rd Nagaon in Case No.NFT No.(3)(D) 13392016 declaring her to be a foreigner, having illegally entered into India on or after 25.03.1971.

(3.) As it transpires from the orderopinion, the petitioner did not contest at the first instance even after receiving notice and accordingly the Tribunal had declared her as a foreigner on 29.08.2017. The petitioner filed Misc. Case for setting aside the ex-parte order, which was granted on 19.03.2018 by allowing the petitioner to participate in the proceedings. However, on the fixed dates i.e. 31.03.2019, 11.04.2018, 05.05.2018 and 11.05.2018 the petitioner remained absent and eventually filed written statement on 18.05.2018. Thereafter, on two dates i.e. 12.06.2018 and 27.06.2018 the petitioner again remained absent and after being granted a last chance, submitted evidence-in-chief on 16.07.2018. On 27.08.2018 the petitioner was cross-examined and the next date was fixed for further evidence on her behalf. No further evidence was led and on as many as 6 (six) next dates i.e. 24.09.2018, 30.10.2018, 12.11.2018, 19.12.2018, 10.01.2019 and 28.01.2019, petitioner remained absent without any steps. In such a situation, an adverse view was taken by the Tribunal and the impugned ex-parte orderopinion dated 28.01.2019 was rendered.