Maxim "actio personalis moritur cum persona

Citation Name : 2016 PLD 456 LAHORE-HIGH-COURT-LAHORE
Side Appellant : NATIONAL BANK OF PAKISTAN
Side Opponent : MUHAMMAD HALEEM KHAN CHOHAN
Suit for damages---Death of parties during pendency of appeal---Effect---abatement ---Scope---Maxim "actio personalis moritur cum persona"---Personal action connected with the individuality of a person did not survive him---If suit of a plaintiff was dismissed by the Trial Court and during pendency of appeal in the case of death of either party, appeal abated---If decree had been passed in favour of plaintiff, in case of death of either party, appeal filed by the defendant would not abate and the legal representatives of the parties would step into the shoes of appellant/respondent---If suit had been partially decreed and both parties had preferred appeals, then in case of death of either party, the appeal for enhancement of damages would abate but appeal of defendant for setting aside the partial decree would not abate---Death would extinguish the liability in tort---Where appeal was filed by the tortfeasor and cross objections were filed by the plaintiff and appellant had died, appeal did not abate but cross objections would abate and if plaintiff had appealed, the same would have abated---Cross objection had been abated and same could not proceed and stand dismissed---Appeal was dismissed, in circumstances.


Citation Name : 2016 CLC 1233 KARACHI-HIGH-COURT-SINDH
Side Appellant : Mrs. SURIYA IQBAL CHISHTI
Side Opponent : Mrs. RUBINA MAJIDULLA
O. XXII, R. 1---Death of a party---abatement of suit---Scope---Death of plaintiff or defendant would not abate the suit if right to sue survived.


Citation Name : 2016 MLD 523 HIGH-COURT-AZAD-KASHMIR
Side Appellant : MUHAMMAD RASHEED
Side Opponent : Ch. MUNSHI KHAN
Ss. 4 & 6---Civil Procedure Code (V of 1908), O. XXII, R. 4(3)---Suit for right of prior purchase---Death of one of the defendants during pendency of suit---Non-impleading representative-in-interest of deceased defendant---abatement of suit---Scope---Defendant filed application for abatement of suit on the ground that legal heirs of other deceased defendant were not arrayed as party within time---Application for abatement of suit was dismissed concurrently---Validity---Amended provisions of O. XXII, R. 4(3), C.P.C. had retrospective effect---Suit filed by the plaintiff had not been abated due to death of one of the defendants---Revisions was dismissed with costs.


Citation Name : 2015 PLD 671 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Peer ALLY IMRAN
Side Opponent : Mian MUHAMMAD NAWAZ SHARIF
S. 52---Election petition, abatement of---Scope---Dissolution of National Assembly during pendency of election petition---Such election petition would abate by the fact that the National Assembly had dissolved, while the petition was pending.

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