https://www.taxtmi.com/caselaws?id=463436 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. en-us Mon, 20 Dec 1920 00:00:00 +0530 Tue, 02 Sep 2025 15:04:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=463436 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. Case-Laws Indian Laws Mon, 20 Dec 1920 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=463436