If the record lost, destroyed, or stolen be that of a pending suit, or a part thereof, process on the petition for its substitution may be returnable on any day of a term of court, and it may be served on the attorney of the party defendant to the petition; but in such case the plaintiff or complainant, if he so elect, may bring another suit on the same cause of action.Codes, 1892, § 2795; 1906, § 3175; Hemingway's 1917, § 2516; 1930, § 2336; 1942, § 766.
Mississippi Legal Code