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Issues: Whether the impugned order was liable to be set aside and the matter remitted for fresh decision.
Analysis: The parties agreed that the impugned order should be set aside and the matter should be decided afresh by the Special Judge after considering all aspects and the cited judgments. The Court accepted the joint request and directed that the matter be heard and decided anew, expressly stating that nothing in the order should be treated as an expression on the merits.
Conclusion: The impugned order was set aside and the matter was remitted for fresh decision.