Learned counsel for the revision petitioner is present.
Shri D.K.Mohapatra, learned advocate and associates files Vakalatnama on behalf of OP No.1 which is accepted and kept on record.
In this revision prayer has been made by the revision petitioner to set aside order dated 5.2.2019 passed by the learned District Forum, Cuttack in CC No. 85 of 2018.
The revision petitioner is OP No. 3 whereas the OP No.1 is the complainant and OP Nos. 2 and 3 in this revision are respectively OP Nos. 2 and 3 before the learned District Forum.
Heard.
The impugned order dated 5.2.2019 reads as follows:-
“Advocate for the complainant is present & filed petition for the notice against Opp.party No.1, 2 & 3 sufficient and the matter be placed for hearing. Heard, aforesaid case notice has been issued to Opp.parties by Regd.Post with A.D. on 10.09.2018 in the meantime 3 months has been lapsed but neither A.D. not the postal cover of the notice has been returned. Hence Ops are set ex-parte. Call on 07.03.2019 for ex-parte hearing.”
Thus, by the impugned order not only the revision petitioner but also other two OPs before the District Forum have been set ex parte and the case was posted for ex parte hearing.
It is stated at the Bar that CC No. 85 of 2018 is still pending before the learned District Forum for ex parte hearing.
It is contended by the learned counsel for the revision petitioner that the revision petitioner received summons to appear before the learned District Forum on 11.10.2018. However, no appearance could be made and no written version could be filed in view of cease work by the learned Bar Members during that period. Thereafter, due to wrong posting of the dates in the diary of the learned counsel appearance could not be made on 5.2.2019.
Learned counsel for OP No.1/complainant vehemently opposes the prayer of the revision petitioner to be allowed to contest in the proceeding. It is stated that the complaint petition having already posted for hearing, appearance of the revision petitioner shall put OP No.1/complainant to loss and harassment
Since the complaint case is of the year 2018 and it is not disputed that the case is still pending for ex parte hearing, we feel that the revision petitioner should be allowed to participate in and contest the proceeding on merit subject to payment of reasonable cost by the revision petitioner to OP No.1/complainant. Undoubtly the revision petitioner has shown his bonafide by filing the revision to participate in the proceeding.
Accordingly, the revision petition is allowed and that part of the impugned order by which the revision petitioner was set ex parte is set aside subject to payment of cost of Rs.2,000/- (Rupees two thousand) by the revision petitioner to OP No.1/complainant.
Parties are directed to appear before the learned District Forum, Cuttack on 18.6.2019 when the revision petitioner shall pay cost of Rs.2,000/- (Rupees two thousand) to OP No.1/complainant and file written version upon which the learned District Forum shall proceed to dispose of the complaint on merit expeditiously.
