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.

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