Heard learned counsel for both sides.

          Learned counsel for the appellant submitted that he has filed the complaint before the District Commission,Cuttack but he could not appear on the date of hearing because he was ill. So the complaint case has been dismissed for default.

         Learned counsel for the respondent has no serious objection to the petition.

         Considered the submission of both parties. Perused the order dated 22.7.2022. The aforesaid order shows that the complainant was absent  on call and thereafter the complaint case has been dismissed by observing that there is  sufficient evidence in this case  and the complainant was not interested to proceed with the case. When it was observed that the complainant was absent, it is not conceived that  the complaint was dismissed being devoid of any merit  does not arise. So observing lack of sufficient evidence or adducing insufficient evidence does not arise.However,due to illness of the concerned advocate,  it is just and proper to allow the appeal to give one more chance to both the parties to contest  the case before the learned District Commission,Cuttack who will dispose of the case within 60 days.

        Therefore, the appeal is allowed by remanding the matter to  the learned District Commission,Cuttack  to ask respondent(O.P)  to appear himself or through their advocate and give him opportunity to file written version and hear both parties and pass speaking order in accordance with law within 60 days from date of receipt of this order. Both parties are directed to appear before the learned District Commission on 30.05.2023 to take further instruction from it.

         DFR be sent back forthwith.