36. If there are two or more plaintiffs or defendants, and one of them dies, and if the cause of action survives the
surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the suit shall
proceed at the instance of the surviving plaintiff or plaintiffs, and against the surviving defendant or defendants.
37. (1) If there are two or more plaintiffs and one of them dies, and if the cause of action does not survive the
surviving plaintiff or plaintiffs alone, but survives to them and the legal representative of the deceased plaintiff
jointly, the Court may, on the application of the legal representative of the deceased plaintiff, enter the name of
that legal representative in the suit in the place of the deceased plaintiff and the suit shall proceed at the instance
of the surviving plaintiff or plaintiffs and the legal representative of the deceased plaintiff.
(2) If no application is made to the Court by any person claiming to be the legal representative of the deceased
plaintiff, the suit shall proceed at the instance of the surviving plaintiff or plaintiffs; and the legal representative
of the deceased plaintiff shall, after notice to appear, be interested in, and shall be bound by the judgment given
in the suit, in the same manner as if the suit had proceeded at his instance conjointly with the surviving plaintiff
or
plaintiffs,
unless
the
Court
sees
cause
to
direct
otherwise.
38. (1) In case of the death of a sole plaintiff, or sole surviving plaintiff, the Court may, on the application of the
legal representative of the deceased sole plaintiff, enter the name of that representative in the place of he plaintiff
in the suit, and the suit shall thereupon proceed.
(2) If no such application is made to the Court within what it may consider a reasonable time by any person
claiming to be the legal representative of the deceased sole plaintiff or sole surviving plaintiff, the Court may
make an order that the suit shall abate, ant award to the defendant the reasonable costs which he may have
incurred in defending the suit, to be recovered from the estate of the deceased sole plaintiff or surviving plaintiff.
(3) The Court may, if it thinks proper, on the application of the defendant and upon such terms as to costs as may
seem just, make such order for bringing in the legal representative of the deceased sole plaintiff or surviving
plaintiff, and for proceeding with the suit in order to come to a final determination of the matters in dispute, as
may appear just and proper in the circumstances of the case.
39. If any dispute arises as to who is the legal representative of a deceased plaintiff, the Court may either stay the
suit until the fact has been duly determined in another suit, or decide at or before the hearing of the suit, who
shall be admitted to be such legal representative for the purpose of prosecuting that suit.
40. (1) If there are two or more defendants and when one of them dies the cause of action survives but does not
survive against the surviving defendant or defendants alone.
(2) In the case of the death of a sole defendant, or sole surviving defendant, where the action survives, the
plaintiff may make an application to the Court, specifying the name, description and place of abode of any
person whom the plaintiff alleges to be the legal representative of such defendant and whom he desires to be
made the defendant in his stead.
(3) The Court shall thereupon enter the name of such representative in the suit in the place of such defendant,
and shall issue an order to him to appear on a day to be therein mentioned to defend the suit and the case shall
thereupon proceed in the same manner as if such representative had originally been made a defendant, and had
been a party to the former proceedings in the suit.
41. (1) The bankruptcy of the plaintiff, in any suit which the assignee or trustee might maintain for the benefit of
the creditors, shall not be a valid objection to the continuance of such suit, unless the assignee or trustee declines
to continue the suit, or neglects or refuses to give security for the costs thereof, within such reasonable time as
the Court may order.
(2) If the assignee or trustee neglects or refuses to continue the suit and to give the security within the time
limited by the order, the defendant may, within eight days after the neglect or refusal, plead the bankruptcy of
the plaintiff as a reason for abating the suit.
42. Where any cause or matter becomes abated or in the case of any such change of interest as is by these Rules
provided for, the legal practitioner for the plaintiff or person having the conduct of the cause or matter, as the
case may be, shall certify the fact to the Registrar, who shall cause an entry thereof to be made in the Cause
Book opposite to the name of such case or matter.