Article 49 — Death of several plaintiffs or of sole plaintiff

(1) Where one of several plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to sue sur- vives, the court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit. (2) Where within one year from the death of the plaintiff no ap- plication is made under sub-art. (1), the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the court may award to him the costs which he may have incurred in defending the suit, to be recovered from the deceased plaintiff's estate. (3) Nothing in this Article shall apply to proceedings in execution of a decree or order.