WP(C) 3332/2009 BEFORE THE HON’BLE MR.JUSTICE B.D.AGARWAL This writ petition has been filed challenging the judgment and order dated 20.12 .2008 passed by the learned Foreigners Tribunal, Dibrugarh in Case No. FT- 28/06 (DDT- No.1041/2001) declaring the petitioner as post 1971 foreigner. Heard Shri N Alam, learned counsel for the petitioner and Shri P . Roy, learned additional senior Govt. Advocate and Ms R.Bora, learned Central G ovt. Counsel. The submissions of the learned counsel for the petitioner is tha t initially the case was filed before the Illegal Migrants Determination Tribun al, Dibrugarh where the petitioner had submitted her written statement. Subsequ ently the case was transferred to Foreigners Tribunal, Dibrugarh and for non-rec eipt of notice the petitioner could not appear there to adduce evidence. Accordi ngly, the impugned order was passed ex-parte. Upon hearing learned counsel for the parties and in the interest of justice the impugned order dated 20.12.2008 is hereby set aside. The learned Member, Foreigners Tribunal Dibrugarh is directed to decide the case afresh giv ing an opportunity to the petitioner to adduce his evidence. The Tribunal shall be at liberty to give opportunity to the prosecution to give additional evidence . Besides this, the evidence which has already been received from the prosecuti on shall also be considered for passing fresh orders. The Tribunal is also directed to decide the case afresh within a period of 3(three) months from the date of receipt of a copy of this order. Petitioner is directed to appear before the Tribunal on 24.8.200 9 and obtain further instruction. If the petitioner failed to adduce evidence on the date fixed by the Tribunal, the Tribunal shall be at liberty to pass approp riate order on the basis of the prosecution evidence. With the aforesaid directions, writ petition stands disposed of.