GOVERNMENT OF ORISSA vs M/S. ASHOK TRANSPORT AGENCY .

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 the latter was not made a party to the proceedings before the decree was passed. The Court emphasized the necessity of following the procedure under Order XXII Rule 10 of the CPC, which requires the plaintiff to bring any party affected by an assignment or devolution of interest on record for the decree to be binding. The appeal was dismissed, affirming the High Court's decision that the decree was not executable against the State Government.