Government Of Orissa vs M/S Ashok Transport Agency & Others

The Supreme Court held that an ex parte decree against the Charge Chrome Division of the Orissa Mining Corporation cannot be executed against the State Government as it was not made a party to the proceedings before the decree was passed, violating the provisions of Order XXII Rule 10 of the CPC. The Court emphasized that it is the plaintiff's duty to bring the State Government on record if they wish to execute the decree against it after the takeover by the Orissa Ordinance No.8 of 1991. The appeal was allowed, affirming that the decree is not binding on the State Government.