Maxim: Actio Personalis Mortum Cum Persona
The phrase “Actio personalis moritur cum persona” is a Latin legal maxim that translates to “A personal action dies with the person” in English. This legal principle is important in the context of tort law and personal injury claims. Let’s delve into its meaning in both English and Urdu:
In English:
- Literal Translation: A personal action, referring to a legal claim or lawsuit, dies when the person dies.
- Meaning: This maxim embodies the legal concept that certain legal actions related to personal injuries or wrongs are so closely tied to an individual that they cease to exist upon the death of that person. In other words, the legal claim is extinguished along with the person who had the cause of action. This principle is rooted in the idea that certain rights and actions are inherently personal and cannot be transferred or continued by the heirs or representatives of the deceased.
In Urdu:
- Literal Translation: عمل شخصی شخص کے ساتھ مر جاتا ہے
- Meaning: یہ مقولہ قانونی سدہا ہے جو بیان کرتا ہے کہ شخصی زخم یا نقصان کی صورت میں شخص کی موت کے بعد اس کا حق بھی ختم ہوتا ہے۔ یعنی، شخص کی موت کے ساتھ ہی اس کا حق بھی مکمل طور پر ختم ہو جاتا ہے۔ یہاں تک کہ متضرر شخص کا کوئی وارث یا وکیل اس حق کو جاری نہیں رکھ سکتا۔
Example: Suppose an individual is injured in a car accident and decides to file a personal injury lawsuit. However, if that person passes away during the course of the legal proceedings, the right to pursue the lawsuit may not be inherited by their heirs. The legal claim would typically not survive the individual’s death.
It’s important to note that legal maxims can have variations in interpretation based on jurisdiction and legal context, and their application may be subject to specific rules and regulations.
1994 CLC 94 KARACHI-HIGH-COURT-SINDH
RAHIM GUL SYED KAKA KHEL Vs. DISTRICT JUDGE (SOUTH), KARACHI
Actio personalia moritur cum persona” (Personal rights of action die with person). Z.U. Ahmad for Petitioner. Sadruddin Huda for Respondents.
1990 CLC 404 KARACHI-HIGH-COURT-SINDH
GOVERNMENT OF PUNJAB Vs. KAMINA
Actio Personalis Mortum Cum Persona Maxim:–“Actin pcrsonalis mortum cum persona” is a’ part of the Law of Pakistan and is enforced upon grounds of justice, equity and good conscience.
1989 CLC 511 LAHORE-HIGH-COURT-LAHORE
NASRI BEGUM Vs. VIRGIL L. MOORE, CONSULAR FOR ADMINISTRATION, EMBASSY OF THE UNITED STATES OF AMERICA
Actio Personalis Mortum Cum Persona Actio personalis moritur?cum?persona (cause disappeared and extinguished with the death of wrong?doer or the party wronged)??Application??Where wronged person brought a suit in his lifetime for damages on account of his malicious prosecution but died before passing of decree m his favour, his suit would clearly abate and his legal representatives could not continue that suit after his death??Where, however, such cause had matured in decree in plaintiff’s lifetime, there was no longer “actio personalis cum” in existence, but such matter had passed into judgment and merged in the estate of deceased.
1989 CLC 1296 PESHAWAR-HIGH-COURT
MUHAMMAD SIDDIQUE Vs. DISTRICT JUDGE, PESHAWAR
Actio Personalis Mortum Cum Persona “Actio pcrsonalis moritur cum persona”–Application.
1967 PLD 755 KARACHI-HIGH-COURT-SINDH
MERCANTILE CO-OPERATIVD BANK LTD. Vs. MESSRS HABIB & CO. AND OTHERS
—- O. XXII, r. 1-Suit foe rendition of accounts-Right to require rendition-Personal against person liable to account-Right does not survive against heirs except where money alleged to have been misappropriated and added to his own estate or money by deceased- Maxim: actio personalis moritur cum persona.
1961 PLD 783 LAHORE-HIGH-COURT-LAHORE
ABDUS SALAM Vs. KH. MEHDI ANWAR
Actio Personalis Mortum Cum Persona Maxim-Actio personalis moritur cum persona (personal actions die with the person)–Does not apply in case of death of complainant in non-cognizable case-Complaint may be proceeded with by substituted complainant-[Muhammad Azam v. Emperor A I R 1926 Bom. 178 and Panchu Swain v. Emperor A I R 1943 Pat. 379 ref.]