Procedure to follow when one of defendant is dead

It is the duty of the plaintiff to inform the court about the death of the defendant.

Then he should file a petition under order 22 rule 4 cpc and an amendment petition to amend the plaint to include the LRs of deceased as well to record the death of the defendant. 

Counsel for plaintiff is required to intimate the court.

If the only defendant is dead without any legal heirs and the plaintiff has the hospital report while waiting for the death certificate , can the plantiff inform the court if neither of the lawyers are refusing to initimate the court?

Originally posted by : Radha
	If the only defendant is dead without any legal heirs and the plaintiff has the hospital report while waiting for the death certificate , can the plantiff inform the court if neither of the lawyers are refusing to initimate the court?

Please post the query in a fresh thread.