WP(C) 3142/2009 BEFORE HON’BLE MR JUSTICE B D AGARWAL Heard Sri B D Goswami, learned counsel for the petitioner and Sm t H M Phukan, learned Junior Government Advocate for the respondents. This writ petition has been filed challenging the legality of th e Judgment dated 18.02.2009, passed by the Foreigners Tribunal (III) Barpeta in FT Case No. 68 (III) of 2007, whereby the petitioner has been declared as post 2 5.03.1971 foreigner. The short plea of the petitioner is that though written statemen ts were filed by the petitioner claiming to be an Indian citizen, but she could not adduce evidence for not receiving proper instructions from her counsel. Beca use of this deficiency the Judgment has been pronounced exparte. Upon hearing the learned counsel for both the sides and for the ends of justice, the impugned Judgment is hereby set aside. The learned Member, Foreigners Tribunal (III), Barpeta, is direc ted to decide the case afresh by giving an opportunity to the petitioner to addu ce her evidence. If necessary, the prosecution may also be given opportunity for giving additional evidence. The entire exercise shall be concluded as early as possible. The petitioner is directed to appear before the Tribunal on 18.0 8.2009 and obtain further instructions. With the aforesaid instructions, this writ petition has been dis posed of at the motion stage.