Article 55 — Effect of abatement or dismissal

(1) Where a suit abates or is dismissed under the provisions of this Chapter no fresh suit shall be brought on the same cause of action. (1) The plaintiff or the person claiming to be the legal representative of ~ deceased plaintiff or the assignee or the receiver in the case of an insolvent plaintiff may apply for an older to set aside the abatement or dismissal within six months from the date of the abatement or dismissal. (3) Where it is proved that the applicant was prevented by any suf- rlCient cause from continuing the suit, the court shall set aside the the abatement or dismissal upon such terms as to costs or other- wise as it thinks fit.