O 4r6 Death or bankruptcy, assignment of interest or devolution will not terminate proceedings so long as cause of action survives. Where sole P dies executors or personal representative, if one of Ds dies in joint proceedings, other Ds continue but if not joint his executors carry on, served with writ or proceed by which action begun and must file appearance after service within 8 days and 14 days to discharge or vary any order obtained ex parte, same for Ps else action can’t continue, all Ds die action continues against last surviving D. When adding new P his consent in writing be produced, if person already party on other side or same side but in different capacity order of substitution may contain direction that he ceases to be party in such status.
Application for substitution made ex parte supported by affidavit showing nature of case, stage of action, occurred change exhibiting death certificate, interest of party against whom to carry proceedings, specific order required. Until order served in person or noted in cause book, person doesn’t become party. Failure of substitution after Ps death entitles D to apply to strike out action.