Heard the learned counsel for the petitioner.

            Defect is removed.

2.         Learned counsel for the petitioner submitted that he could not appear before the District Forum  on 15.12.2022 because  OP No. 1 was not well and not collected the documents. However, he appeared on 10.01.2023 and prayed for time  to file written version which was rejected and  he was set ex parte. He  challenged the ex parte  order dated. 10.01.2023 passed in C.C.No. 237 of 2022 by the learned District Commission, Cuttack.  

3.         Learned counsel for the petitioner further submitted that the ex parte order is illegal ,improper and bad in law because the statutory period to allow the O.P to file written version within 30 days  and extended period another 15 days has not been over on the date  the OP No. 1 was set  ex parte. He also submitted that if opportunity is given the petitioner would file the materials before the District Commission. Therefore, he submitted to set aside the impugned order by allowing the revision petition.

4.         Considered the submission. Perused the record.

5.         Section-38(2)(a) of C.P.Act, 2019 specifically allow the District Commission to give opportunity to the O.P to file written version within a period of 30 days and can be  extended the period to further 15 days. The order dated 10.01.2023  does not show that the learned District Commission gave opportunity to OP No. 1 to file written version.

6.         However, considering the aforementioned  provision of law and submission of present petitioner that he received the summon on 03.12.2022 and by 10.01.2023 to which the  case was posted,  the period of 45 days was not over  and then  the impugned order was passed  to set OP No. 1  ex parte is not correct. The said order is illegal and improper. Said ex parte order is set aside. Therefore, we hereby direct the present petitioner to file the written version before the learned District Commission today within the statutory period and also file this order before learned District Commission who would  pass appropriate order in accordance with law. We pass this order without going through the merit of complaint petition as same would be decided by  learned District Commission.

7.         The revision petition is disposed of accordingly.