306Deceased person

### 306 Deceased person > > (1)  A person against whom a proceeding may be continued after the death of the plaintiff or applicant may apply to compel any person entitled to proceed to do so. > > > (2)  On the hearing of an application, the Court or a judge may order that the person entitled to proceed do so within any period specified in the order. > > > (3)  If a person entitled to proceed fails to comply with an order – > > > > > > (a) judgment may be entered for the defendant with costs, if the proceeding is an action; or > > > > > > > (b) the application may be dismissed with costs, if the proceeding is not an action. > > > (4)  Execution may issue for the costs as is provided for by [rule 878](#GS878@EN) .