Right To Sue Doesn't Survive In Favour Of Heirs Of Deceased Plaintiff: Gujarat HC Directs Abatement Of Defamation Suit Against Shah Rukh Khan & ‘Raees’ Filmmakers

The Court explained that the right to sue for a relief of damage and compensation on alleged defamation was a personal one and it was not a cause of action which could be inherited by the heirs of a deceased litigating party.

A Single Bench of Justice J.C. Doshi observed, “The cause of action set by the late plaintiff Mr.Mustak Ahmed Abdul Latif Shaikh dies on his death. As the right to sue for a relief of damage and compensation on alleged defamation was personal one, it is not a cause of action which could be inherited by his heirs. The substitution of the heirs of the litigating party could be made only if right to sue survives. In the present case as discussed hereinabove, right to sue does not survive in favour of the heirs of the deceased.”

Advocate Salil M Thakore appeared for the petitioners.

Red Chillies Entertainment Private Limited filed a petition challenging an order by the Trial Court that allowed the legal heirs of Late Abdul Latif Abdul Wahab Sheikh (original plaintiff), to be brought on record following his death. The original plaintiff had filed a suit seeking damages of Rs. 101 Crores for defamation allegedly caused by the promotional material of the film 'Raees'.

The heirs of the original plaintiff had argued that Abdul Latif Abdul Wahab Sheikh was a reputed figure who had contested elections for Ahmedabad Municipal Corporation in 1986, engaged in various businesses and was well known in society. They claimed that the original plaintiff initiated the defamation suit in response to the film 'Raees,' claiming it tarnished his and his family's reputation. Following his demise, his heirs sought to carry forward the litigation, which was allowed by the Trial Court.

The film-makers referred to Section 306 of the Indian Succession Act and argued that the right to sue in a suit for seeking damage for defamation being personal in nature would not survive in favour of the heirs of the deceased after the original plaintiff died.

The High Court noted, “If we go through the pleadings of the civil suit which is a suit based upon the pleadings that the trailer of film ‘Raees’ has tarnished or lowered the reputation of late Abdul Latif Abdul Wahab and also the reputation of plaintiffs being his heirs and as such plaintiffs are entitled to get damages for defamation.”

The Court referred to the legal maxim actio personalis moritur cum persona (a personal action dies with the person), stating that the principle was based on the idea that personal rights were unique to the individuals and were not capable to be exercised by anybody including the individual’s heir.

“When right to sue is personal, means that the right to bring legal action is tied to the individual person. It cannot be transferred or assigned to other persons. In case of personal injury, defamation, privacy violation etc.; cause to bring legal action is personal right. Therefore, in such cases, the right to sue is deemed personal to plaintiff and does not passes on to his legal representatives after his death as defined in Section 2(11) of the CPC,” the Court explained.

Consequently, the Bench set aside the order of the Trial Court and stated that the “Trial Court has committed serious but jurisdictional error in allowing the chamber summons.” The Trial Court was directed to pass an order for abatement of the suit filed by the heirs.

Accordingly, the High Court allowed the petition.

Cause Title: Red Chillies Entertainment Private Limited & Ors. v. Late Mustak Ahmed Abdul Latif Sheikh & Ors

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