BASANT KAUR Vs. GAJINDER SINGH

JUDGEMENT

(1.) PLAINTIFF Harjinder Singh alias Goldi (now deceased) and Mohinder Singh both sons of Jawahar Singh filed a suit for recovery of Rs. 8,00,000/ - for injuries caused to them by the defendants on 2.9.1986. Kirpal Singh defendant had been convicted under Section 307, I.P.C. Gajinder Singh and Kamaljit Singh were acquitted by the Sessions Judge giving them the benefit of doubt. Suit was filed on 31.8.1988. Damages were claimed on account of medical expenses, for bodily injuries physical and mental torture the details of which are as under : -

(2.) HARJINDER Singh alias Goldi died on 11.1.1993 during the pendency of the suit. Basant Kaur widow of Harjinder Singh filed an application on 27.1.1993 under Order 22 Rule 3 C.P.C. for being impleaded as the legal representatives of the deceased (hereinafter referred to as the petitioners). This application has been rejected by the trial court by the impugned order dated 26.7.1994 on the ground that no cause of action survives in the petitioners as the right to claim damages for the injuries caused was personal to Harjinder Singh alias Goldi which came to an end with his death.

(3.) THE Maxim of 'actio personalis cum moritur persona' (that the personal right of action dies with the person) is not applicable in the present case. From the facts and circumstances of the case, it is clear that the right to sue survives to the petitioners who are the legal representatives of the deceased Harjinder Singh. Accordingly, this revision petition is allowed, the impugned order of the trial Court is set aside and the petitioners are ordered to be impleaded as legal representatives of Harjinder Singh and permitted to continue with the suit. No costs.