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A court is required on application mode in that behalf to cause the legal representative of a deceased plaintiff to be made a party and shall proceed with the suit. see Order XXII Rule 4(1) of the Civil Procedure Act. But where within the time limited by law no application is made under Order XXII Rule 4(1) the suit shall abate as against the defendant. See Order XXII Rule 4(3) of the Civil Procedure Act.
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