Malicious prosecution claims do not survive a defendant's death where the cause of action is treated as a personal wrong.

A suit for damages for malicious prosecution does not survive against the legal representatives of a defendant who dies during the suit, because the claim falls within the category of personal wrongs excluded from survival under Section 89 of the Probate and Administration Act, 1881 and Order 22 Rule 1 CPC. Construing the phrase "other personal injuries not causing the death of the party" broadly and in light of actio personalis moritur cum persona, the court treated malicious prosecution as akin to defamation and assault rather than a transmissible cause of action. The suit therefore abated against the deceased defendant.

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Issues: Whether a suit for damages for malicious prosecution survives against the legal representatives of a defendant who dies during the pendency of the suit, or whether it abates under Section 89 of the Probate and Administration Act, 1881 and Order 22, Rule 1 of the Code of Civil Procedure.

Analysis: The statutory language was construed against the background of the common-law maxim actio personalis moritur cum persona. The competing views on the expression "other personal injuries not causing the death of the party" were examined, and the broader construction was preferred. On that construction, the exclusion is not confined to bodily injuries alone, but extends to personal wrongs of the same class as defamation and assault. A suit for malicious prosecution falls within that excluded class and therefore does not survive the death of the defendant.

Conclusion: The right to sue did not survive, and the suit abated against the deceased defendant.

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