Mr. Amit Rawal J. - The present revision petition is directed against the impugned orders dated 24.04.2015 and 25.04.2016, whereby, an application under Order 9 Rule 13 CPC and appeal preferred thereto at the instance of the petitioner-defendant for setting aside the ex parte judgment and decree dated 20.05.2010, have been dismissed.

2. Respondent no.1-plaintiff instituted the suit for possession on 12.08.1998 in which the petitioner was proceeded ex parte on 21.12.1999 and ultimately, resulted into ex parte judgment and decree dated 20.05.2010. In fact, at the time of institution of the suit, defendant was posted as Patwari at Zira and did not have the knowledge of pendency of suit at Fazilka. There was no such report qua the refusal of the summons, nor any proclamation under law was ever effected by beat of drums, therefore, the absence was neither willful nor intentional. On acquiring the knowledge, the application was filed on 03.10.2012.

3. Mr. Vikas Kumar, learned counsel appearing on behalf of the petitioner submitted that the findings of the Courts below in not producing the service record are wholly erroneous as it was categorically stated in deposition that in th