Heard learned counsel for the petitioner.
2. Learned counsel for the petitioner submitted that he has challenged the order dated 25.04.2023 passed by the Learned District Commission,Cuttack in C.C.Case No.52/2023. He submitted that the learned District Commission without application of judicial mind has passed the impugned order ex parte on 25.04.2023 which should be set aside. He also submitted that the notice was issued on 22.03.2023 and the petitioner received the notice on 10.04.2023 and asked for time to file written version. Without giving any reasons, the learned District Commission rejected the time petition and set the OP exparte.It is not just and proper on the part of the learned District Commission to reject the time petition. Therefore, he filed the present revision petition to set aside the order dated 25.04.2023 passed by the learned District Commission, Cuttack.
3. Considered the submission. Perused the impugned order passed by the learned District Commissiion,Cuttack. . The impugned order passed by the learned District Commission is as follows:-
“xxx xxx xxx
Complainant files hazira. Sri B.B.Behera appeared on behalf of O.P and filed a petition praying for time to file written version. He is also filed his memo of appearance enclosing his authorization letter.
On perusal of record it is found that more than 30 days have been passed for appearance and filing of written version by O.P several opportunities have been allowed to O.P for filing of written version in due time. Hence O.P is set exparte. ”
4. The above order does not show that they are not allowed time to file written version because the statute requires that first 30 days then further extend time 15 days to file written version. The copy of the order shows that after issue of notice, they have taken steps to file written version. In view of the above discussion, the order passed on 25.04.2023 is set aside . Learned counsel for the O.P who is present petitioner in the revision petition is directed to submit written version along with copy of this order before the learned District Commission,Cuttack on 26.06.2023 to take further instruction form it. The learned District Commission is directed to accept the written version and proceed with the case and dispose of same within 30 days from that day.
5. The revision petition is disposed of accordingly