Law:

Section:

(a) Malicious prosecution--- ----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. Mir Shakeel-ur-Rehman and others v. Yahya Bakhtiar and others PLD 2010 SC 612; Government of Punjab through Secretary, Ministry of Agriculture Lahore and another v. Mst. Kamina and others 1990 CLC 404; S. Muniyappa (deceased by l.Rs) v. H.L. Narasimhaiah and others AIR 1984 Karnataka 63; Paramen v. Sundarraja 1902 ILR 26 Mad. 499; Gopal v. Ramachandra 1902 ILR 26 Bom.597 and Haridas v. Jaganath Das 1940 ILR Nag. 63 rel. (b) Tort--- ----Death would extinguish the liability in tort---Abatement---Scope---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 also abate. Mir Shakeel-ur-Rehman and others v. Yahya Bakhtiar and others PLD 2010 SC 612 and Government of Punjab through Secretary, Ministry of Agriculture Lahore and another v. Mst. Kamina and others 1990 CLC 404…

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