Introduction:

The Jammu and Kashmir and Ladakh High Court recently addressed the issue of the right to sue for damages for malicious prosecution, emphasizing its personal nature. The case involved an appeal against a judgment awarding compensation for malicious prosecution, where both the plaintiff and the defendant had passed away during the pendency of the appeal.

Arguments of Both Sides:

The legal heirs of the original defendant argued that the right to sue for malicious prosecution is personal to the plaintiff and does not survive the death of either party. They relied on Section 306 of the Indian Succession Act, 1925, which excludes causes of action for personal injuries from surviving the death of the party. The legal heirs of the plaintiff did not appear before the court.

Court’s Judgment:

Justice Sanjay Dhar clarified that the cause of action for damages for malicious prosecution is a personal injury, as established by legal precedent and statutory provisions. Citing past rulings and legal provisions, the court held that such rights cannot be enforced against the legal representatives of the accused party. Therefore, the judgment awarding compensation was set aside to the extent of the deceased appellant, and the appeal filed by the deceased plaintiff’s legal heirs also abated.