Only one defendant and is dead

You should inform the court that the defenadant is dead and have no legal heirs, the court may decide upon the given circusmatnces. 

Hi Ms. Radha, 

Yes, as the plaintiff, you can and should inform the court about the defendant’s death, especially if both counsels are delaying this responsibility. While Order 22 Rule 10A of the Code of Civil Procedure (CPC) places the duty on the pleader to communicate the death of a party to the court, it does not preclude the plaintiff from doing so. You can file an application or affidavit notifying the court of the defendant’s demise, supported by the hospital’s death report. This proactive approach ensures that the court is aware of the situation and can take appropriate steps, such as issuing notices or making necessary orders. If the defendant has no legal heirs, the court may proceed accordingly, potentially abating the suit or taking other suitable actions. 

For further assistance on this matter, please feel free to contact me at adv.vishesh@icloud.com.

You cannot file a petition or memo before court in this regard if you have engaged an advocate to handle your case.

You can terminate the services of your advocate and file a memo before court stating that you have terminated the services of your advocate hence permit you to appear as party in person.

After that you can file a memo stating the death of the defendant by attaching hospital report.

Can our lawyer file a memo to report the defendant death with a copy of the hospital report?

Hi, 

Your advocate should inform the court about the death for closure of the case. In his/her non-filing, you have to step in with an affidavit application stating the facts for the court to act upon.

Rgds

BS FCA., LL.B .

As a plaintiff it is your call to intimate the court qua death of one of the defendants and move appropriate application with amended memo of parties through your counsel.

It is less convincing that there are no legal heirs (or representatives)?