Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977) . — THE CODE OF CIVIL PROCEDURE, 1908 ARRANGEMENT OF SECTIONS

1. Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977) . (5) Where— (a) the plaintiff was ignorant of the death of a defendant, and could not, for that reason, make an application for the substitution of the legal representative of the defendant under this rule within the period specified in the Limitation Act, 1963 (36 of 1963), and the suit has, in consequence, abated, and (b) the plaintiff applies after the expiry of the period specified therefore in the Limitation Act, 1963 (36 of 1963), for setting aside the abatement and also for the admission of that application under section 5 of that Act on the ground that he had, by reason of such ignorance, sufficient cause for not making the application with the period specified in the said Act, the Court shall, in considering the application under the said section 5, have due regard to the fact of such ignorance, if proved.]

Section 1