REJIA BEGUM ABDUL HAFIJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. G. Uddin, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned counsel for the respondent No.1, Mr. J. Payeng, learned counsel for the respondent Nos.2, 3, 6 & 7, Ms. A. Borgohain, learned counsel for the respondent No.4 and Ms. U. Das, learned counsel for the respondent No.5.

(2.) By this writ petition filed under article 226 of the Constitution of India, petitioner has prayed for setting aside the impugned ex parte opinion dated 06.03.2012, passed by the learned Member, Foreigners' Tribunal No. 1st, Morigaon in F.T. (D) Case No. 348/2007, holding the petitioner to be a foreigner who had illegally entered into India after 25.03.1971.

(3.) Aggrieved by the ex parte opinion, two petitions were filed, one being petition No. 119/18 dated 03.04.2018 under Section 3A (1) of the Foreigners (Tribunal) Order, 1964 read with Order IX Rule 13 CPC for vacating the ex parte opinion, and the other being petition No. 120/18 dated 03.04.2018 under Section 5 of the Limitation Act, 1963 for condoning the delay in filing the petition to vacate the ex parte opinion. The said two petitions was registered as Misc. Case No. 14/2018 [arising out of F.T. (D) Case No. 348/2007]. Both the said petitions were rejected by order dated 14.09.2018, passed by the said learned Tribunal. The said order dated 14.09.2018 is also under challenge in this writ petition.