Velraj vs State of Rajasthan and Others

C.M. Lodha, C.J.—This case comes up today for orders on an application by the legal representatives of the deceased appellants in place of Velraj. They are his wife and son.

Velraj died on December 4, 1977, and this application has admittedly been made on March 13, 1978, after the expiry of limitation prescribed for the same. Mr. Makhtoor Mal Singhvi, learned Counsel for the respondent, has taken a preliminary objection that the application cannot be maintained in view of the fact that this appeal arises out of a suit for damages on account of malicious prosecution, which was dismissed by the trial court. It is urged that the right to sue for legal expenses or other losses caused to a person due to a malicious prosecution instituted against him is a personal right and it does not survive to the legal representatives of such person. In support of this contention reliance has been placed on G. Jayaprakash v. State AIR 1977 A.P 20 Punjab Singh v. Rumautar Singh AIR 1920 Pat 841 and Mahtab Singh Vs. Hub Lal and Another

In our opinion, the law is well settled. The maxim, ''Actio personalis moritur cum persona'' does apply when the action is one for personal wrong. In the present case, there is no denying the fact that the suit is one for damages on account of the personal injury and wrong done to the deceased. In this view of the matter, we have no alternative but to accept the preliminary objection and dismiss the appeal on the ground that the cause of action does not survive to the legal representatives of the deceased plaintiff-appellant Valraj.

This appeal is accordingly dismissed, but there will be no order as to costs.