S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) APPELLANT is before us being aggrieved by and dissatisfied with a judgment and order dated 14. 2. 2005 passed by the High Court of Punjab and haryana in Civil Revision Petition No. 5999 of 2003 whereby and whereunder the Revision Application filed by the first respondent herein was allowed.

( 3 ) APPELLANT filed a civil suit on or about 6. 4. 1985. Summons of the suit were served upon the first respondent. He did not appear. An ex parte decree was passed against him on 19. 2. 1986. An application for mutation on the basis thereof was filed which was allowed on 07. 03. 1996. Allegedly, the first respondent having come to know about passing of the said ex parte decree on 03. 02. 1997, filed an application on 07. 02. 1997 for setting aside the same, in terms of Order IX Rule 13 of the Code of Civil Procedure. The learned Trial Judge, by reason of an order dated 28. 07. 2000, dismissed the said application, inter alia, holding that summons had been duly served upon the first respondent. It was furthermore noticed that the first respondent herein, while examining himself in the said proceedings under Order IX rule 13 of the Code of Civil Pro