Order No.10

The Ld. Advocate for opposite party no.1/petitioner is present. The Ld. Advocate for the complainant is present.

The Misc.Application dated 10.01.2023 filed by the opposite party/petitioner is taken up for hearing along with its objection.

Perused. Considered. Heard both sides.

The opposite party no.1/petitioner by filing this application submits that the opposite party no.1 could not appear on the date of appearance ‘due to non compliance of the plaint filed by the above named complainant was not duly served upon the above named opposite party no...’.

Therefore, the Ld. Advocate for opposite party no.1/petitioner prays for vacating the order of ex parte hearing and to allow the opposite party no.1 to file written version in the case.

The Ld. Advocate for the complainant raises strong objection against the prayer of the opposite party no.1/petitioner.

The Ld. Advocate for the complainant submits that this application has been filed in view Section 40 of the C.P.Act, 2019.

On scrutiny of the record, we find that the notice of the case has duly been served upon opposite party on 28.04.2022. Thereafter on 16.06.2022 the instant Commission had been pleased to fix the case ex parte as against opposite party no.1, as it has failed to appear and file written version within the statutory period. After lapse of 6 months the opposite party no.1 files this instant Misc.Application praying for setting aside the order of ex parte against it and to allow to file written version in this case.

Section 40 of the C.P.Act.2019 states as follows:-

“The District Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.”

In this record we do not find any error apparent on the face of the record which wants review of order no.5 dated 16.06.2022 that too the application is barred by limitation.

Hence, it is,

                                                           Ordered

that the Misc.Application dated 10.01.2023 be and the same is dismissed on contest with cost of Rs.5,000/-.

Thus, the Misc.Application is disposed of.