Heard the learned counsel for the petitioner.

2.      Learned counsel for the petitioner submitted that they have challenged the order dated 31.12.2022 passed by the learned District Commission,Khurda at Bhubaneswar in which the present petitioner was set exparte . She submitted that they have received summon/ notice on 06.12.2022 and 09.12.2022 respectively, but could not appear  because the authorized person was not well. However, they have filed the petition on 21.01.2023 to recall the order dated 31.12.2022 but that petition was not entertained by the learned District Commission,Khurda. Therefore, she filed the present revision petition to set aside the impugned order dated 31.12.2022 and allow the OPs to file  written version  before the learned District Commission and the learned District Commission hear  the matter afresh.

3.      Considered the submission. Perused the impugned order  which is as follows:-

                   Xxx                           xxx                    xxx

Complainant is present. He files postal tracking report on service of notice upon O.Ps 2 and 3. It appears they  have received the notice on 06.12.2022 & 09.12.2022 respectively. Despite receipt of notice O.Ps 2 & 3 did not appear. Hence O.ps 2 & 3 are set exparte. Put up on 17.01.2023 for filing written version by O.p.1.”

4.      The  above order clearly shows that the petitioners have received the summon on 06.12.2022 and 09.12.2022 respectively but did not appear and on that date, they were set ex parte. Petitioner filed a petition before the learned District Commission to set aside the  ex parte order passed U/s 38(8) of C.P.Act,2019 who did not entertain the same. Therefore, we hereby direct the learned District Commission  to entertain the petition dated 21.01.2023 and consider the same in accordance with law either reviewing the order or recalling the order dated 31.12.2022 as the case may be. The learned District Commission is directed to dispose of the complaint case within a period of 30 days from  the date of receipt of this order. The petitioner is directed  to appear before the learned District Commission on 31.03.2023 to take further instruction from it.

5.      With this observation, the revision petition is disposed of accordingly.