All demands whatsoever and all rights to prosecute or defend any action or special
proceeding existing in favour of or against a person at the time of his decease, survive to and against his
executors or administrators; except causes of action for defamation, assault, as defined in the Indian Penal
Code (45 of 1860), or other personal injuries not causing the death of the party; and except also cases
where, after the death of the party, the relief sought could not be enjoyed or granting it would be
nugatory.
Illustrations
(i) A collision takes place on a railway in consequence of some neglect or default of an official, and a passenger is severely hurt, but not so as to cause death. He afterwards dies without having brought any action. action does not survive.
(ii) A sues for divorce. A dies. The cause of action does not survive to his representative.
Illustrations
(i) A collision takes place on a railway in consequence of some neglect or default of an official, and a passenger is severely hurt, but not so as to cause death. He afterwards dies without having brought any action. action does not survive.
(ii) A sues for divorce. A dies. The cause of action does not survive to his representative.