#LegalMaxim Actio Personalis Moritur Cum Persona (a persona | Judiciary UP
#LegalMaxim
Actio Personalis Moritur Cum Persona (a personal right of action dies with the person)
In Girja Nandini And Ors Vs. Bijendra Narain Choudhury , the Supreme Court referred to this maxim and held that it has a limited application. It is valid in a limited class of actions ex delicto like damages for injuries not causing the death of the party such as defamation, assault or other actions . An action or claim for the rendition of account is not a personal claim and does not fall within the enumerated classes. The claim does not extinguish if the party who claims an account or the party who is called upon dies. Hence , this maxim would not hold any weight here .
