The death of a plaintiff or defendant shall not cause the suit to abate, if

Order XXII rule 1 of the Code of Civil Procedure, 1908 provides that the death of a plaintiff or defendant shall not cause the suit to abate if "the right to sue survives". The test is the survival of the legal right to sue, not of the cause of action or the relief as such. Where the right survives, the legal representatives must still be brought on record in time, failing which the suit abates under rules 3 and 4.