Cause of action dies with the person

This notion is based on the maxim: Actio personalis moritur cum persona 

It is a Latin expression that means “a personal right of action dies with the person”. This remedy evolves around Law of Torts as well as Order XXII of Code of Civil Procedure, 1908 Provisions of Code of Civil Procedure prescribed to abate the proceedings when right to sue dies with the death of the party/person.

Wherever any person was harmed for his reputation by another he may file a suit for damages. During the course of proceedings and before pronouncement of judgment if the plaintiff and/or a person dies, law does not provide any remedy for his legal heirs. As per the provisions of law legal heirs of deceased cannot step into his shoes of deceased as course of action was a remedy for personal actions. There are ample case laws which emphasised on this principle.

To avail the remedy the person may file a suit for damages in the court of law under section 42 of the Specific Relief Act considering the fact of pecuniary jurisdiction of the court where the suit may be filed. 

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top