Permanent Injunction Sought For Against a Particular Person Must Confine To That Person
Case: A. Ganesan v. Javeed Hussain (died) and Ors.
Coram: Justice N Anand Venkatesh
Case No.: SA No. 1383 of 2013
Court Observation: “The Hon’ble Supreme Court had an occasion to deal with this issue in Prabhakara Adiga vs Gowri And Others reported in (2017) 2 CTC Page 208. While dealing with this issue, the Hon’ble Supreme Court held that the Actio personalis moritur cum persona principle will apply when the decree relates to a class of action which is individual centric and the relief is focused upon the wrong committed by that person. This principle will not apply where the decree relates to a property or a right which is heritable by the legal representatives and which is partible and it would bind the legal representatives also.”
“….the cause of action that was pleaded in the suit as against the first defendant came to an end on the death of the first defendant applying of the Actio personalis moritur cum persona principle. Thereafter, it will depend upon the action taken by the second defendant Municipality for allotment of the shop. If during this process, relief is granted in favour of the plaintiff, it will virtually amount to injuncting the Municipality to proceed further with the allotment of the shop. This is more so since the legal representatives of the first defendant do not have any automatic right of being granted licence by the second defendant Municipality. In such peculiar circumstances, this Court does not want to deal with the findings of both the Courts below.”
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Keywords
Permanent Injunction
