Implead of legal heir's

Dear Querist,

For a legal heir to be impleaded in place of a suitor the right to sue must survive. That is the cause of action must be such that the legal heir can contest the case. This is not possible in cases where suit is based on facts that give a right that is personal to the suitor for eg : if X defames Y - Y dies during pendency or during appeal - his LR's can't ask for impleadment - since the right to contest ended with life of Y - same happens in case of assault/hurt etc. I feel that malicious prosecution also belongs to the same class of personal actions. Actio personalis moriturus cum persona (latin for a personal action dies with the person). However if your father had succeeded in the lower court you could have sought impleadment. for the decree in your father's favour - if overturned - would have had financial implications for you, hence it ceased to be a purely personal action. 

I am sorry for the technical language but this is what the law says. Try seeking an answer in experts section - for others can also say what they feel

 The expese incurred indefending  the  case  and  the loss in monetary form sustained by the  deceased  would  form  part of the  essets of the father of the querist and to that extent  the  poss  by father   is  a  loss to his legal heirs  and  therefore they  will be entitled to  continue the  proceedigns. 

I  agree with Mr.Bharat chugh opinion.

In reference to the reply by Adv. Bharat Chugh . I would like to state further the facts mentioned in the plaint of the malicious prosecution suit that due to the false criminal case filed by the company on my father .We the legal heirs have all suffered in varying degrees. My father was not able to perform my sister's marriage, my elder brother could not complete his education, my mother had to sell all her jewellery to bear the costs to defend my father from criminal prosecution and I suffered by not getting enough resources to go to a good college and above all everyone of us have suffered mental agony at the hand of the police and the complainant.are these ground enough for us to be impleaded as legal heir’s in the malicious prosecution suit.

Sirs,

to mind mind the maxim the personal action dies with the person  does  not apply to the case of loss  sustained to the  essets of the deceased,

regards ,