Steps against legal representative of defendant

If the legal representatives (LRs) of a deceased defendant are not known to the plaintiff, an application to bring them on record can be made under Order 22 of the Civil Procedure Code. This application must be made within 90 days of the deceased's death. 

However, the Supreme Court has ruled that a suit will not be abated if the estate of the deceased defendant was substantially represented by other defendants on record.

However the legal heirs of the deeased defendant  are at liberty to file a petition to implead themselves in the suit filed by the plaintiff when they come to know about it at a later stage.  But the plaintiff should file an  application to dispense them from bringing on record the Legal Representatives of the deceased/defendants  for the reasons that the particulars of the LRs are not available neither the other defendants are furnishing them.