#LegalMaxim Actio personalis moritur cum persona - a per | Judiciary UP

#LegalMaxim

Actio personalis moritur cum persona -

a personal action dies with the person

This rule operates in a limited class of actions ex delicto such as actions for damages for defamation, assault, or other personal injuries not causing the death of the party, and in other actions where after the death of the party the relief granted could not be enjoyed or granting it would be nugatory. An action for an account is not an action for damages ex delicto and does not fall within the enumerated classes. Nor is it such that the relief claimed being personal could not be enjoyed after death, or granting it would be nugatory. Death of the person liable to render an account for property received by him does not, therefore, affect the liability of his estate

– Girja Nandini Devi & Ors. Vs Bijendra Narain Choudhury.

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