Heard Mr. D. Nandi, learned counsel appearing for the appellant and Ms. V. L. Talukdar, learned counsel appearing on behalf of all the respondents.

        An application dated 06/01/2012 has been filed by the respondents praying for vacating the ex-parte order dated 10/02/2011 and a copy of the same has also been furnished to the learned counsel appearing for the appellant.

        On going through the records of the case, it appears that there was some confusion about fixing of dates and appearance of the parties and we do not wish to deal with the matter in detail. The judicial trend prevailing in this country is that every case should be heard on merit by giving adequate opportunity to all the parties. Being guided the aforesaid proposition, the order dated 10/02/2011 declaring ex-parte is hereby vacated.

        The Misc case stands disposed of.

        Records from the District Forum have been received and therefore, the matter can be posted for hearing.

        List the matter on 10/02/2012 fo hearing.

        It is made clear that the parties, who are represented by their respective counsels, are directed to submit their written arguments at least two days before the next date of hearing.