Monetary recovery decree binding only named parties cannot execute non-party third parties

A money decree passed in a civil suit for service charge arrears operates strictly in personam and binds only the named litigating parties. Such a decree cannot be executed or implemented against a third-party occupant who was not joined as a defendant in the proceedings. The dismissal of a third party's impleadment application does not prejudice their legal rights, as any decree resulting from the suit cannot infringe upon their independent interests or property rights. Courts dismissing impleadment appeals can protect non-parties by explicitly directing that the suit decree shall not be executed or implemented against them. Personal decrees lack the rem characteristics necessary to bind unrepresented entities. Third parties retain their legal remedies and immunity against coercive execution of judgments to which they were strangers. Explicit protective declarations by appellate courts eliminate future apprehension of wrongful enforcement. This safeguards due process while allowing plaintiffs to conclude their targeted monetary litigation. (NAK Engineering Company Pvt. Ltd. v. Tarun Keshrichand Shah & Ors. | 2026 INSC 8)