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Actio Personalis Moritur Cum Persona
Actio Personalis Moritur Cum Persona
SUBMITTED BY:
BarkhaShravaniSahu
PRN: 16010324313
In:OCTOBER,2016
M.V. CHANDRAMATHI
C E R T I F I C AT E
BarkhaSharavniSahu
Date:2-10-2016
Acknowledgement
I would like to express my heartfull gratitude to the
Director Dr. MI Baig and Dy. Director Dr. Sukhvinder
Singh Dari and authority of Symbiosis law School,
Hyderabad for giving me an opportunity to work on a
project in law of torts. I am also highly indebted for the
constant guidance and support given to me by M.V.
CHANDRAMATHI without which this project would not
have been a successful one.Lot of help has been taken
from the library and the web for gathering
information.Last but not the least I would also like to
thank my friends GauravjeetSokhi and
BhagyashreeChauhan without whome this project could
not have been completed on time.
TABLE OF CONTENT
INTRODUCTION
EXPLATION
ORIGIN OF MAXIM
CASE STUDY
CONCLUSION
BIBLOGRAPHY
INTRODUCTION
Facts
Issue
Whether in a personal action which abates on death
of a litigant there is any jurisdiction to hand down a
reserved judgment
Held
The Court making no order the action having abated:
1. The cause of action in libel abated on the date
that the Claimant died and it becomes defunct and
there was no jurisdiction to revive or continue it in
order to hand down judgment on an argument which
had taken place.
2. CPR 40.7, which abandoned a previous provision
of the Rules of the Supreme Court (RSC Order 42 r.
3(2)) for a judgment to take effect on an earlier
date, was a clear rule: A judgment or order takes
effect from the day when it is given or made, or such
later date as the court may specify. A judgment
cannot be backdated to the date of the relevant
hearing.
3) Henshaw v. Miller, 58 U.S. 17 How. 212 212
(1854):
Henshaw was a citizen of Massachusetts, and
brought an action on the case against Charles E.
Miller, in his lifetime, for fraudulently recommending
one Robinson as worthy of credit, in consequence of
which the plaintiff had incurred considerable loss.
After issue joined upon the plea of not guilty, Miller
died, and on motion of the plaintiff, a scire
facias was issued for the purpose of reviving the suit
against John R. Miller, his executor.
Upon the return of the scire facias, the executor
moved to quash it, when the judges were divided in
opinion whether the action survived the executor or
abated, and the question was certified to this Court.
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