( 1 ) LEAVE granted. ( 2 ) LEARNED Additional Solicitor General, mr. Altaf Ahmed, instructed by Mr. Rajiv mehta, who is on caveat, is present and has been heard for the respondents. ( 3 ) THROUGH the impugned order the writ appeal filed by the respondent-Gauhati municipal Corporation was allowed and the earlier two orders made on 10/8/1998 and 23/7/1998 by the learned Single judge in the review application were quashed. The submission of Mr. R. K. Jain, learned senior counsel appearing for the appellant is that the order was made in the absence of the counsel for the appellant herein, and that the absence of the counsel from the court-was for the reasons stated in the affidavit. ( 4 ) AFTER perusing the affidavit it cannot be said that the reasons given for the absence of the learned counsel are all together fanciful. We, therefore, deem it proper, in the interest of justice, to set aside the impugned order and remand the appeal to the division bench of the gauhati High court for its fresh disposal in accordance with law. We, however, express no opinion on the merits of the case. The appeal is allowed. No costs. ( 5 ) LEARNED counsel for the parties undertake to have the appearance put in on behalf of their respective clients before the Registrar of Gauhati High court on 17/12/1999.