reference may, in this regard, be made to Melepurath Sankunni Ezuthassan v. Thekittil Geopalankutty Nair , (1986) 1 SCC 118 : AIR 1986 SC 411 . In Melepurath Sankunni (supra), the Supreme Court, on considering Section 306 of the Succession Act, 1925, held that action personal is mortur-cum-persona (a personal action dies with the person) applies if the plaintiff dies during the pendency of the suit; but if the plaintiff dies, after the suit is decreed, the right to sue survives, for, in such a case, the cause of action has merged in the decree and the decretal dues forms part of the estate left behind by the deceased. This, in turn, will mean that when a suit for personal injury is decreed, the legal representatives can put such a decree to execution and may, if an appeal is pending against such a decree, be substituted, for, the right to sue or be sued survives if the suit already stands decreed in favour of the injured before the injured, died. In Melepurath Sankunni (supra), it has also been made clear that Section 306 of the Succession Act speaks of an action and not of an appeal, the effect being that if the plaintiff dies without the suit having been decreed, the legal representatives cannot be substituted. Clearly, therefore, when such a suit fails and the plaintiff or the claimant has preferred an appeal, the right to sue does not survive, for, the suit abates on the death of such a plaintiff or claimant.
