Heard the learned counsel for the petitioner.

2.      Learned counsel for the petitioner submitted that he has appeared before the learned District Commission on 17.10.21022when the case was posted for hearing in National Lok Adalat. Thereafter, the next day was fixed to  31.01.2023when the O.Ps were set exparte without any valid reason. He has submitted that he is ready to participate in the hearing and further submitted to allow the revision petition by setting aside the exparte order.

3.      Considered the submission. Perused the impugned order dated 17.10.2022 and 31.01.2023. Both orders are  as follows:-

“xxx   xxx   xxx

Complainant is absent despite notice. Advocate for O.ps is present. As this case is listed for National Lok Adalat, put up on 31.01.2023 for further order.

Sd-Member(W) Sd-President

Advocate for complainant is present. Although advocate Mr.Aswini Sahoo claims to have represented on behalves of O.p.no.1 and 2 .On perusal of record, it appears that, Vakalatnama on behalf of O.P.no.1 and 2 has nnot filed. Under such circumstances, the representative of O.P.no.1 and 2 not permissible. The case is relates to the year 2017 and the O.ps have not complied the order dated 08.06.2018. Hence O.ps are set exparte. Complainant is directed to file evidence on affidavit on 14.02.2023 for exparte hearing.”

4.      When the presence of advocate for the O.Ps is recorded on 17.10.2022, it is not understood how on 31.01.2023 the O.P.nos.1 and 2 were set exparte although  Mr Aswini Sahoo,learned advocate claims to have filed Vakalatnama. As per record Vakalatnama was not filed.  So the observation of learned District Commission is not correct. In such circumstances,we are of the view that instead of  raising the technical issues, the learned District Commission should be broad enough to take legal course of action and dispose of the matter within the statutory period. However,  the order dated 31.01.2023  is set aside and the petitioner is hereby directed to participate in the hearing. It is further directed to the learned District Commission,Bhubaneswar  to dispose of the matter within 60 days from today in accordance with law. The petitioner and the O.P. nos.1 and 2 are directed to appear before the learned District Commission,Bhubaneswar on 14.02.2023 to take further instruction from it.

5.       Revision petition is disposed of accordingly.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.