M.S.LIBERHAN, J. - (1.) THE deceased-plaintiff brought a suit for damages against the defendants for causing injuries to his person which further resulted in loss of his business. The plaintiff died during the pendency of the suit. An application for being brought on record was preferred by the legal representatives of the deceased.
(2.) THE right of the legal representatives to be brought on record was refuted on the ground that the suit was based on torts and the right to sue was personal, the right to sue did not survive on the death of the plaintiff on the maxim of actio personalis cum morilur persona and the suit abated, as it was for damages for personal injuries. The trial court relying on M. Veerappa v. Evelyn in Sequaira and Ors. found that the suit so far as it related to damages for personal injuries based on torts stood abated and the suit relating to damages to the business survived and, thus, brought the legal heirs of the deceased on record to the extent of the claim of the plaintiff for the loss regarding business of the deceased.
(3.) THE petitioners assailed the findings of the learned trial court. It was argued that M. Veerappa's case (supra) categorically lays down the principle of law as under: ...If the entire suit claim is founded on torts the suit would undoubtedly abate. If the action is founded partly on torts and partly on contract then such part of the claim as relates to torts would stand abated and the other part would survive. If the suit claim is founded entirely on contract then the suit has to proceed to trial in its entirety and be adjudicated upon. ;