https://www.taxtmi.com/caselaws?id=285758 Survival of a damages claim on the plaintiff's death depends on the true character of the cause of action and the survivorship rules in Section 306 of the Indian Succession Act, 1925 read with Order XXII CPC. The Court approved the view that "other personal injuries" is to be read ejusdem generis with defamation and assault, so personal-injury claims of that kind do not survive, while claims relating to the estate or other surviving causes may continue through legal representatives. It also stressed that abatement cannot be conclusively decided without first determining whether the suit is tortious, contractual, or composite, and directed fresh examination of the claim's nature. en-us Wed, 13 Jan 1988 00:00:00 +0530 Fri, 24 Jan 2020 15:30:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285758 Survival of a damages claim on the plaintiff's death depends on the true character of the cause of action and the survivorship rules in Section 306 of the Indian Succession Act, 1925 read with Order XXII CPC. The Court approved the view that "other personal injuries" is to be read ejusdem generis with defamation and assault, so personal-injury claims of that kind do not survive, while claims relating to the estate or other surviving causes may continue through legal representatives. It also stressed that abatement cannot be conclusively decided without first determining whether the suit is tortious, contractual, or composite, and directed fresh examination of the claim's nature. Case-Laws Indian Laws Wed, 13 Jan 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285758