Actio Personalis Mortum Cum Persona

Actio Personalis Mortum Cum Persona Actio personalia moritur cum persona" (Personal rights of action die with person). Z.U. Ahmad for Petitioner. Sadruddin Huda for Respondents.

"Actin pcrsonalis mortum cum persona" is a' part of the Law of Pakistan and is enforced upon grounds of justice, equity and good conscience.

Application.

Actio Personalis Mortum Cum Persona Actio personalis moritur?cum?persona (cause disappeared and extinguished with the death of wrong?doer or the party wronged)??Application??Where wronged person brought a suit in his lifetime for damages on account of his malicious prosecution but died before passing of decree m his favour, his suit would clearly abate and his legal representatives could not continue that suit after his death??Where, however, such cause had matured in decree in plaintiff's lifetime, there was no longer "actio personalis cum" in existence, but such matter had passed into judgment and merged in the estate of deceased.

O. XXII, r. 1-Suit foe rendition of accounts-Right to require rendition-Personal against person liable to account-Right does not survive against heirs except where money alleged to have been misappropriated and added to his own estate or money by deceased- Maxim: actio personalis moritur cum persona.

Does not apply in case of death of complainant in non-cognizable case-Complaint may be proceeded with by substituted complainant-[Muhammad Azam v. Emperor A I R 1926 Bom. 178 and Panchu Swain v. Emperor A I R 1943 Pat. 379 ref.]