APEX COURT HELD THAT
Consumer Protection Act, 1986 — Section 13(7) — Order XXII CPC — Death of opposite party — Substitution of legal representatives — Scope
Paras 34–40, 55–56
- Section 13(7) of the 1986 Act mandates application of Order XXII CPC upon death of either complainant or opposite party.
- Continuation of proceedings depends on whether the right to sue survives.
- Order XXII Rules 2 & 4 CPC are procedural; survivability is governed by substantive law.
- Substitution of legal representatives is permissible where cause of action survives.
Indian Succession Act, 1925 — Section 306 — Survival of cause of action — Exception relating to “personal injuries” — Interpretation
Paras 48–52, 55
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Section 306 provides that all causes of action survive except:
- defamation,
- assault,
- other personal injuries not causing death,
- cases where relief becomes nugatory.
- The expression “other personal injuries” must be read ejusdem generis with defamation and assault.
- Exception must be strictly construed and cannot override the main rule of survivability.
Tort — Medical negligence — Death of doctor during pendency of proceedings — Whether action survives against estate
Paras 23, 55–56
- Core issue: whether proceedings for medical negligence survive against legal heirs of deceased doctor.
-
Distinction drawn between:
- purely personal claims, and
- claims affecting estate / pecuniary liability.
- Claims impacting estate can survive and be enforced against legal representatives.
Maxim — Actio personalis moritur cum persona — Applicability — Modern interpretation
Paras 25–29, 54–55
- Maxim implies personal actions die with the person.
- Not of universal application; subject to statutory modifications.
- In modern jurisprudence, rigid application is diluted.
-
Not applicable where:
- estate is affected, or
- liability can be quantified against estate.
Cause of action / Right to sue — Meaning and relevance for survivability
Paras 41–42, 56
- “Right to sue” is synonymous with “cause of action”.
- It comprises bundle of material facts entitling relief.
- Survival depends on nature of claim and relief sought.
Legal Representatives — Liability — Extent
Paras 12, 55–56
- Legal representatives step into shoes of deceased only to the extent of estate inherited.
- Liability, if established, is recoverable from estate, not personally.
Distinction — Personal injury vs. Loss to estate
Paras 55–56
- Personal injury claims (purely personal) may abate.
-
Claims involving:
- pecuniary loss,
-
enrichment of estate,
survive against legal representatives.
Precedents — Applicability
Paras 53–54
- Melepurath Sankunni Ezhuthassan — applies to purely personal actions like defamation.
- M. Veerappa v. Evelyn Sequeira — survivability depends on impact on estate.
- These precedents reaffirm distinction between personal claims and estate-based claims.
(RATIO)
Paras 55–56
Survival of proceedings upon death of a party depends on the nature of the cause of action; claims affecting estate survive against legal representatives, whereas purely personal claims abate.
