KEWAL RAM vs SMT. RAM LUBHAI & ORS. AND VICE VERSA

The Supreme Court held that under Order 9, Rule 13 of the Civil Procedure Code (C.P.C.), a decree passed ex-parte without notice to a party is not binding on that party. The Court emphasized that since Kuldip Ram and Chet Ram were not served in the original suit or the appeal, the ex-parte decree against them was set aside, affirming the High Court's decision to allow their application. The Court maintained that there was no legal error in allowing a decree to stand against a party who contested while setting aside the decree against those not served, thus upholding the principles of natural justice.