In the present case an application under Order XXII Rule 3 was filed by the present Respondent seeking to be impleaded as Plaintiff in place of his deceased father in a Suit seeking enforcement of personal and non-hereditary rights. The point to be adjudicated was whether, upon the demise of the original Plaintiff, the present Respondent being the legal representative of the original Plaintiff could be impleaded in the Suit under Order XXII Rule 3.
On 12.05.1997, Rev. John H. Caleb (“deceased Plaintiff”) was appointed by the present Petitioner to serve as the resident priest of the Green Park Free Church, starting 31.05.1997. He was provided accommodation in the Church Parsonage, Green Park Free Church. The deceased Plaintiff retired in March 2001 but continued to serve on an ad-hoc basis until 2005, receiving superannuation benefits, including gratuity. On 16.11.2007, he was re-appointed as Resident Pastor and allowed to remain in the Suit premises until 14.05.2018, whereby he was informed that his services were no longer needed and that he must vacate the premises for the new Priest. The Bishop of Diocese of Delhi-CNI requested Rev. Caleb to vacate the premises and further denied Rev. Caleb’s request for alternate accommodation and offered house rent until January 2019, urging him to vacate immediately. Deceased Plaintiff filed a Suit seeking to prevent his eviction. During the Suit's pendency the deceased Plaintiff passed away on 30.08.2021. The Respondent then applied to substitute his name for his deceased father in the Suit.
The Supreme Court in Puran Singh v. State of Punjab held that a personal action dies with the death of the person and quoted the maxim "action personalis moritur cum persona". Further it was stated that, the right to sue does not survive as the enforcement of personal rights which are extinguished with the death of the person concerned and does not devolve upon the legal representatives or successors. The Suit became moot upon the death of the deceased Plaintiff and that the Respondent had no independent right or interest in the Suit premises as such he cannot be impleaded.
Accordingly, the Hon’ble Delhi High Court allowed the present Civil Revision petition, thereby holding that the original Suit for permanent injunction abates due to the death of the Plaintiff and as such comes to an end.