Heard the learned counsel for the petitioner.

2.      Learned counsel for the petitioner submitted that they have challenged the order dated 09.03.2023 passed by the learned District Commission, Cuttack because there is no reason  assigned depriving the petitioner  to file written version. He also submitted that the notice was issued on 18.01.2023 to O.P.no.1 and the date was fixed to 10.02.2023 for appearance and filing written version. On 10.2.2023 no step was taken by the OPs and the matter was adjourned to 27.2.2023 for appearance and filing written version by the OPs. On 27.2.2022,  the OPs were absent and took no steps. However, the matter was adjourned to 9.3.2023 for filing written version by the OPs as last chance. On 9.3.2023  no step was taken by the OPs. As such, the OPs were set ex parte and the matter was  adjourned to 25.4.2023 for ex parte hearing.  On 25.4.2023 , learned counsel appeared for OP No.1  and filed  written version with a petition to set aside the ex parte order and to accept the written version. But learned District Commission  in the impugned order stated that since 30 days have elapsed from the date of receipt of notice i.e. from 22.3.2023, the petition filed by the petitioner stands rejected and the written version filed  was not accepted.  Then the matter was adjourned to 30.5.2023 for ex parte hearing. On perusal of the impugned order, it is clear that since 45 days was not over from the date of receipt of the notice, the impugned order passed on 25.04.2023 is wrong and illegal. So, he submitted to set aside the impugned order dated 25.04.2023 by  allowing  the revision petition.

3.      Considered the submission at the stage of admission. Perused the impugned order. The Learned District Commission has passed the impugned order which is as follows:-

                   “xxx                   xxx                 xxx

            Heard,on perusal of record it is found that O.P.no.1 hs been set exparte on 09.03.2023 due to non filing of W/V and for his non appearance in due time. But today Ld.counsel for O.P.no.1 submitted that he has received the notice on 22.03.2023. If the submission of O.P.no.1 will be taken into the account,more than 30 days have been passed from that day also. As such at this state the petition filed by O.P.1 bears no merit for consideration. Hence, Rejected and accordingly the written version filed by him is not accepted.

Put up on 30.05.2023 for exparte hearing.”

4.      The aforesaid order shows that the learned District Commission counted  30 days to file written version from the date of receipt of the notice. As it appears that the notice was served on 22.03.2023 as per tracking report. The record shows that the date was fixed to 09.03.2023 for appearance. After being adjourned when the date was fixed to 25.4.2023, the petitioner who is OP in complaint case appeared and filed written version with request to set aside the ex parte order but it was rejected as 30 days was over. Considering such fact and circumstances when 45 days was not over, time could be granted. However, impugned order being  illegal is liable to be set aside and is hereby set aside.

5.      we hereby direct  the learned District Commission  to accept  written version which is filed within the statutory period, and  to dispose  of the matter within the statutory period if possible from the date of  receipt of this order.   The petitioner is  directed to appear before the learned District Commission on  30.05.2023 to take further instruction from it. 

5.      Revision petition is disposed of accordingly.