Article 48 — Party's death if right to sue survives

(1) The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives. CIVIL PROCEDURE CODE 19 ' (2) Where one of several plaintiffs or defendants dies and the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the court shall cause an entry to that effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants.