| Case ID |
1fdd5215-26e7-453a-90af-f7a5b1da61b9 |
| Body |
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| Case Number |
Civil Revision No. 3769 of 1994 |
| Decision Date |
Apr 24, 2014 |
| Hearing Date |
Apr 24, 2014 |
| Decision |
The court dismissed the civil revisions due to the application of the legal maxim 'actio personalis moriture cum persona', which states that personal causes of action die with the parties involved. Since the plaintiff passed away during the pendency of the revisions and the original suit for damages was never decreed, the cause of action was extinguished. The court found that the proceedings had abated and therefore ruled that the civil revisions were not proceedable, leading to their dismissal. |
| Summary |
This case revolves around the concept of malicious prosecution and the implications of the death of a party involved in a legal action. The Lahore High Court dealt with Civil Revision No. 3769 of 1994, where the petitioner, Muhammad Shabbir, sought damages for malicious prosecution against Muhammad Zafeer. The case highlights the legal principle that personal claims terminate upon the death of the claimant unless they have matured into a decree. The court referenced previous judgments to reinforce the ruling that the cause of action was extinguished with the plaintiff's death, resulting in the dismissal of the revisions. This case serves as a critical reference for understanding how personal injury claims are affected by the death of involved parties. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIN-UD-DIN KHAN, J
|
| Lawyers |
Naveed Shehryar Sheikh,
Miss Humera Bashir Chaudhry,
Ch. Muhammad Yousaf,
Imtiaz Hussain Khan Baloch
|
| Petitioners |
MUHAMMAD SHABBIR through Legal Representatives and 3 others
|
| Respondents |
MUHAMMAD ZAFEER
|
| Citations |
2014 SLD 2205,
2014 CLD 1617
|
| Other Citations |
Mst. Nasri Begum v. Virgil L. Moor, Consular for Administration, Embassy of the United States of America and 6 others 1989 CLC 511,
Mir Shakeel ur Rehman and others v. Yahya Bakhtiar and others PLD 2010 SC 612
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| Laws Involved |
Not available
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| Sections |
Not available
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