Law:

Section:

(a) Malicious prosecution --------- ----------Suit for damages --------- Death of a party --------- Effect --------- Plaint, rejection of --------- Maxim "actio personalis moritur cum persona" --------- Applicability --------- Plaintiff died during pendency of suit and his legal heirs moved application for their impleadment --------- Defendant filed application for rejection of plaint --------- Application for impleadment was accepted and that of rejection of plaint was dismissed --------- Validity --------- Damages claimed would fall in the ambit of civil nature due to which plaintiff suffered mental and physical torture, wastage of time and extinguishment of business activities --------- Such damages would not be rendered to the legal heirs as the alleged suffering was borne by the predecessor-in-interest of plaintiff but not his legal heirs --------- Application for impleadment of legal heirs of plaintiff was not maintainable in circumstances --------- If during proceedings of the suit one of the parties died then suit for malicious prosecution would become redundant as right to sue did not survive and same would be deemed to have been died with the dead person --------- Trial Court had committed illegality while rejecting the application for dismissal of suit after death of plaintiff --------- Maxim "actio personalis moritur cum persona" was applicable in the present case --------- Impugned order passed by the Trial Court was set aside and application for rejection of plaint was accepted --------- Suit sub-judice before the Trial Court stood dismissed for having no cause of action --------- Application for impleadment of legal heirs was rejected --------- Revision was allowed in circumstances. Ghayyur Hussain Shah and another v. Gharib Alam PLD 1990 Lah. 432; Amir Hussain Khan v. Ghulam Akbar Khan 1993 MLD 686; Dost Muhammad v. WAPDA through Chairman 2005 YLR 2520 and Nasir Ali v. The State 2006 YLR 1550 distinguished. Shamim Barlas v. Al-Habib Cooperative Housing Society through Secretary and another 2008 CLC 55; Shamim Akhtar and 24 others v. Mst. Fatima Bi 2001 YLR 3173; Rustomaji Dorabji v. W.H. Nurse and another AIR 1921 Madras 1 and Mian Rahim Gul…

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