Melepurath Sankunni Ezhuthassan v Thekittil Gopalankutty Nair (1986)

CPC & Limitation Act · Execution of Decrees — Modes, Attachment & Sale (ss.36–74, O.21)

Facts.

The plaintiff had lost his defamation suit and appealed; while proceedings continued, the plaintiff died and the question arose whether his legal representatives could carry on the action.

Issue.

Does a personal cause of action such as defamation survive the death of the party so that the LRs may continue it?

Held.

By actio personalis moritur cum persona [a personal action dies with the person], a purely personal action like defamation does not survive; where the plaintiff who failed dies, his appeal abates. A money decree already obtained, however, is property of the estate and survives.

Why it matters.

It is the governing authority for the flagship O.22 problem — separating the personal cause of action (abates) from a decree already passed (survives).

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