ABATEMENT.

( abate = end )

When a suit abates it ends

A suit doesn’t Abate when right to sue survives, it will however end (abate) when the right to
sue ends.

When right to sue survives When right to sue doesn’t survive

1. In a suit by a landlord against his
tenant for repossession, even if
landlord dies, right survives through
his legal heirs.
2. In a suit for rendition of accounts
against trustee, right survives even
after trustees death.
3. In a suit of specific performance right
to sue survives even after plaintiff
dies.
4. In a suit for partition of ancestral
property , right to sue survives to he
legal heirs of coparcener upon his
death.
1. In a suit for damages for assault ,
personal injuries, malicious
prosecution ,
2. Defamation
3. Breach of contract of betrothal
4. Specific performances involving
special skills
In short personal action dies with
the death of a person.