MELEPURATH SANKUNNI EZHUTHASSAN vs THEKITTIL GOPALANKUTTY NAIR

The Supreme Court held that under Section 306 and Order XXII of the Code of Civil Procedure, 1908, a cause of action for defamation does not survive the death of the appellant. The Court clarified that if a suit for defamation is dismissed and the appellant dies, his legal representatives cannot be substituted in the appeal as the right to sue does not survive. However, if there was a decree in favor of the plaintiff, the legal representatives could defend the appeal as the cause of action merges into the decree, which forms part of the estate.