22 rule 4(4) cpc

Order 22 Rule 4 (4) The Court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the legal representatives of any such defendant who has failed to file a written statement or who, having filed it, has failed to appear and contest the suit at the hearing; and judgment may, in such case, .

The interpretation is is that once the sole defendant dies and the civil court passes a decree in ignorance of the same and thereafter even there being any exemption obtained under Order XXII Rule 4 Sub-Rule 4 of the CPC to bring the heirs and legal representatives of the sole defendant on record, the ex parte decree passed in favour of the plaintiff/appellant becomes a nullity.  

Therefore the trial court had dismissed your suit. 

If you have filed the appeal, it is against whom?

The order 1 rule 10 cpc petition can be filed to implead the necessary oparties and for impleading LRs of the defendant, the provision is under order 22 rule 4.

So you may think and decide about the relief sought by this appeal and invoke correct provisions of law

There are so many more defendants but my question is that which application should I file to bring on record the legal heirs 22 rule 4 or 1 rule 10 or something else at appellate stage as I have taken exemption from bringing on record the legal heirs in trial court. 

If the defendant has died his legal representatives should be bought on record if any relief is sought against them, that is done under O-22,R-3, substitution of Defendant, but if a new party is sought to be arrayed to the suit  then an application under O-1,R10  shall follow. There is no confusion in that. 

Say the full facts. On what ground you sought exemption from subsititution?

Thank you.