Rajamannar, C.J.-This appeal must be dismissed in limine on a ground which we shall presently state. It arose out of a suit filed by the appellant in the Court of the Subordinate Judge of Devokattai, O.S. No. 130 of 1951, to recover a sum of Rs. 7,700 as damages for malicious arrest of the plaintiff by the defendant. The learned Subordinate Judge dismissed the suit. The plaintiff thereupon filed the present appeal. Pending the appeal the defendant, who was the sole respondent, died and his undivided son was brought on record as legal representative and made the second respondent.

It is now well established that the maxim actio personalis moritur cum persona is part of the law of this country except in so far as it has been modified by statute. In Rustonji Dorabji v. Nurse1, a Full Bench of this Court ruled that in a suit or malicious prosecution, when a defendant dies, the right to sue does not survive. The principle of this Full Bench ruling will certainly apply to the present case as it is a suit for damages for malicious arrest. So far as we are aware, this decision of our Full Bench has never been doubted in this Court nor has Mr. Kesava Ayyangar learned counsel for the appellan

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