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Suit 2227/2015 Allied Bank Ltd. V/S Qamar Hussain Naqvi Others. Sindh High Court, Karachi SHC Citation: SHC-141562 Tag:Plaint rejected by invoking legal maxim ???actio personalis moritur cum persona??? and Article 36 of the Limitation Act, 1908. Legal maxim ???actio personalis moritur cum persona??? (a personal right of action dies with the person) ??? death extinguishes liability in Tort, is enforceable in Pakistan subject to certain exceptions. First, where a tortfeasor???s estate is benefited by the wrong done, then an action would lie against his representatives, secondly, when already a decree is passed, inter alia, for damages, the legal representatives / heirs of a deceased can continue the litigation, thirdly, if in a service case, the Trial Court has reinstated a petitioner in service, which is overturned by an appellate court and in the intervening period, person dies, his legal heirs can continue the litigation, because if a Higher Forum restores the Order of Trial Court, then the legal heirs would at least be entitled for the service benefits. However, no suit can be filed after the death of a person for his individual acts, against his legal heirs. Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam Source: http://shc.gov.pk/caselaw/ Order http://shc.gov.pk/caselaw/hc-link.php?link=18.104.22.168:8056/caselaw/&hash=MTQxNTYyY2Ztcy1kYzgz
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