USHA SINHA vs DINA RAM

The Supreme Court held that the ex-parte decree passed in Title Suit No. 140 of 1999 was invalid due to lack of proper notice to the defendants, including the appellant who purchased the property during the pendency of the suit. The Court emphasized that under Order 39, Rules 1 and 2 and Order 21, Rule 29 of the Code of Civil Procedure, 1908, the execution of an invalid decree cannot proceed. The appeal was allowed, setting aside the High Court's order that had upheld the ex-parte decree, thereby protecting the appellant's rights as a bona fide purchaser.